ECI Clarifies: No Action under Section 31 against Voters for Filing Form 6 during SIR

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New Delhi: The Election Commission of India (ECI) on Tuesday (November 3) clarified that voters whose names are missing from the draft electoral rolls during the ongoing Special Intensive Revision (SIR) can submit Form 6 for fresh inclusion without fear of legal action under Section 31 of the Representation of the People Act, 1950, solely because they were previously registered voters.

In a communication addressed to the Chief Electoral Officers of all States and Union Territories, the Commission said that several previously enrolled voters were hesitant to submit Form 6 due to concerns over possible legal consequences.

The confusion arose because Form 6 requires applicants to declare that they are seeking inclusion in the electoral roll for the first time. Voters whose names were included in earlier electoral rolls feared that submitting the form again could amount to making a false declaration.

However, the ECI clarified that previous enrolment alone does not make such a declaration false when an applicant’s name is missing from the draft electoral roll.

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The Commission stated that eligible voters can submit Form 6 to seek inclusion in the final electoral roll during the SIR process or afterwards, irrespective of whether they were enrolled previously.

It further directed that Electoral Registration Officers (EROs) should not initiate action under Section 31 merely because a previously enrolled voter submits Form 6.

However, this protection applies only if the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration otherwise complies with the law.

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