The Election Commission on Tuesday said previously enrolled voters can submit Form 6 for inclusion as electors if their names are missing from draft Special Intensive Revision (SIR) rolls.
The clarification comes amid concerns among those whose names have been deleted from draft SIR rolls that submitting Form 6 , which carries a declaration that the applicant is seeking inclusion in the voters’ list for the first time, could amount to making a false declaration and invite prosecution under the Representation of the People Act.
Because an elector who was on the earlier electoral roll submits Form 6 during or after the SIR, the EC said, an Electoral Registration Officer cannot initiate action under Section 31 of the Representation of the People Act merely. Because the form includes a declaration that they are first-time voters, earlier reporting noted: The clarification comes amid concerns that voters re-enrolling through Form 6 could face penal provisions under electoral law. In a letter to all state chief electoral officers, the Election Commission (EC) said that it has been brought to its notice that certain people whose names do not figure in the draft electoral roll published during the ongoing SIR are hesitant to submit Form 6 as they are also required to furnish a declaration prescribed in the form to the effect that their name is being included in the electoral rolls for the first time. The poll authority said the submission of Form 6 in cases where the name was deleted from the draft SIR roll would not, by itself, constitute a false declaration. Citing the Delhi High Court’s October 14 judgment, the EC said the apprehension of making a false declaration was misplaced. Earlier reporting noted: In that case, the court held that an applicant’s concern that submitting Form 6 would amount to making a false declaration was misplaced. It closed the proceedings, observing that the petitioners could submit Form 6 for processing in accordance with the law. This declaration has been in force since August 1, 2022.
“Therefore, such electors believe that submission of Form 6, in view of their previous enrolment, would amount to making a false declaration and render them liable for prosecution under Section 31 of the Representation of the People Act, 1950,” it said. Earlier reporting noted: “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,” it said.
