Electors enrolled previously but not in draft rolls can file Form 6 for inclusion: Election Commission

The Election Commission on Tuesday clarified, citing relevant law and a High Court order, that electors whose names have been deleted from the draft electoral rolls during the Special Intensive Revision (SIR) can file Form 6 to seek inclusion in the final list.

In a letter to the Chief Electoral Officers (CEOs) of all states and Union Territories, the EC said it has come to its notice that some electors whose names do not figure in the draft electoral roll “are hesitant to submit Form 6 as these voters are also required to furnish a declaration prescribed in Form 6 to the effect that their name is being included for the first time in the Electoral Roll.” However, it said the declaration had been in place since August 1, 2022, referring to the date that the 2021 amendment to the Act came into force.

That being said, the Form 6 had included the declaration that the applicant was applying for the “first time”—and wasn’t already enrolled in any constituency—prior to the 2021 amendment as well. The version of the form available on the EC website from 2018 has the same declaration.

In fact, the form included in a notification on August 18, 2003 too had a similar declaration. In its communication to the CEOs, the EC said, “It is clarified that an elector whose name does not appear in the draft electoral roll may submit Form 6 to seek inclusion in the final electoral roll, in accordance with the prescribed procedure.

Consequently, an elector whose name does not appear in the draft roll is required to seek inclusion afresh in the electoral roll under SIR or afterwards, irrespective of whether the elector had been enrolled previously. The submission of Form 6 in such circumstances is, therefore, for the purpose of inclusion in the electoral roll under SIR or afterwards and is not, by itself, false merely because the elector was previously enrolled,” the EC said.

Citing a Delhi High Court judgment on October 14 in a case, the EC said the court had ruled the petitioner’s apprehension over a false declaration was misplaced. “Accordingly, no action under Section 31 of the Representation of the People Act, 1950, shall be initiated by an Electoral Registration Officer (ERO) against an elector merely on the ground that the elector had been included in a previous electoral roll and has submitted Form 6 during the SIR process or afterwards, provided that the elector is not already enrolled in any other Parliamentary or Assembly Constituency and the declaration made is otherwise in accordance with law,” the EC said.