ECI: Previous voters can file Form-6 in SIR without prosecution fear

The Election Commission of India (ECI) on 3 November clarified that voters 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. The Commission said some previously enrolled voters were hesitant to file Form-6 because the form requires a declaration that their name is being included for the first time. The ECI stated the submission is solely for inclusion and is not false merely because the elector was previously enrolled.

The clarification follows a Delhi High Court ruling on 14 October in Nilotpal Datta & Anr. versus Election Commission of India & Ors., which held that the petitioners’ apprehension about a false declaration was misplaced. The ECI has directed that no action under Section 31 should be initiated against an elector solely for submitting Form-6 during or after the SIR process, provided the elector is not already enrolled in another constituency. Chief Electoral Officers have been asked to publicise the clarification widely in local languages.

Update, 3 November 2026: CNBC-TV18 now also reports the story, confirming the same facts: the ECI’s 3 November letter to Chief Electoral Officers, the Delhi High Court’s 14 October ruling, and the condition that the protection applies only when the elector is not already enrolled in another constituency. No new fact or change is added by the third source.