Voters Not In SIR List Won't Face Action For Form 6 Re-Enrolment: Poll Body

New Delhi: The Election Commission of India (ECI) has clarified that voters whose names are missing from draft electoral rolls published during the ongoing Special Intensive Revision (SIR) can apply for fresh inclusion through Form 6, even if they were registered voters earlier.In a letter dated November 3 to chief electoral officers of all states and Union Territories (UT), the commission said submitting Form 6 in such cases would not, by itself, amount to a false declaration or invite prosecution under Section 31 of the Representation of the People Act, 1950.The clarification addresses concerns among previously enrolled voters who were left out of draft rolls and were hesitant to apply through Form 6 because the form carries a declaration that the applicant is seeking inclusion in the electoral roll for the first time.The EC acknowledged that such voters feared their earlier enrolment could make the declaration false and expose them to legal action."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," the letter said.The commission added that voters missing from the draft roll must seek inclusion afresh, "irrespective of whether the elector had been enrolled previously".It also directed that no action under Section 31 should be initiated by an electoral registration officer merely because an applicant had been included in an earlier electoral roll and subsequently submitted Form 6 during or after the SIR process.The protection is subject to the condition that the applicant is not already enrolled in another parliamentary or assembly constituency and that the declaration is otherwise in accordance with law.The clarification comes amid wider criticism of the SIR exercise and concerns over the use of Form 6 to bring back voters whose names have been omitted from draft rolls.The Congress on Tuesday dismissed the EC's clarification as "word games", arguing that it did not address what the party described as the fundamental flaws of the revision exercise. The party alleged that the SIR process was designed to exclude voters.The controversy over Form 6 has also drawn objections from within the Election Commission.As reported by The Indian Express, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had earlier questioned the insertion of an additional SIR-related declaration into the online Form 6 application. They argued that changes to the statutory form required a formal amendment and could not be made unilaterally by the Commission.Sandhu had described the change as "unauthorised/illegal", while Joshi had raised concerns that the form could not be altered without a legal amendment.The additional declaration asked applicants to provide information about whether they or their parents or grandparents had been included in electoral rolls during the previous intensive revision.The EC's latest clarification, however, deals specifically with the concern that previously enrolled voters could face prosecution for using Form 6 to seek inclusion in the revised rolls.The Commission cited a Delhi High Court judgment dated October 14 in Nilotpal Datta & Anr. v. Election Commission of India & Ors.In that case, petitioners who were not first-time voters had argued that submitting Form 6 would require them to make a false declaration. The high court observed that their apprehension was misplaced and closed the proceedings, allowing them to submit Form 6 for consideration in accordance with law.The EC said the declaration in Form 6 had been in force since August 1, 2022, and that applying for inclusion after a name is missing from the draft roll serves the purpose of fresh enrolment under the SIR process.The Commission has asked Chief Electoral Officers to publicise the clarification widely, including in local languages, through available media.The letter is signed by Sandeep Kumar, Under Secretary to the Election Commission.