New Delhi, November 3, 2026 (Yes Punjab News)
The Election Commission of India (ECI) has clarified that electors whose names are missing from the draft electoral rolls during the ongoing Special Intensive Revision (SIR) can submit Form-6 for inclusion without fear of prosecution under Section 31 of the Representation of the People Act, 1950.
In a communication dated November 3 to Chief Electoral Officers of all States and Union Territories, the Commission said some previously enrolled voters were hesitant to submit Form-6 because the form requires a declaration that their name is being included in the electoral roll for the first time.
The ECI clarified that the declaration has been part of Form-6 since August 1, 2022, and that electors missing from the draft roll must seek inclusion afresh, irrespective of their previous enrolment.
“The submission of Form-6 in such circumstances is solely for inclusion in the electoral roll under the SIR or afterwards and is not, by itself, false merely because the elector was previously enrolled,” the Commission stated.
The clarification follows a Delhi High Court ruling in Nilotpal Datta & Anr. versus Election Commission of India & Ors., decided on October 14, 2026. The court had held that the petitioners’ apprehension about making a false declaration was misplaced and said they could submit Form-6 for processing in accordance with law.
The ECI has directed that no action under Section 31 should be initiated against an elector merely because the person was previously enrolled and submits Form-6 during or after the SIR process. This protection applies provided the elector is not already enrolled in another Parliamentary or Assembly constituency and the declaration otherwise complies with the law.
The Commission has asked Chief Electoral Officers to publicise the clarification widely in local languages through available media.
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