The Election Commission of India (ECI) has said that voters who were earlier registered but whose names are missing from the draft electoral rolls published during SIR can submit Form 6 to be included in final voters’ list.
The clarification issued on November 3, 2026 addresses concerns of previously enrolled voters who were reluctant to submit Form 6 because the application includes a declaration that the applicant is applying for inclusion in electoral roll for the first time.
Some voters felt that if they submitted the form despite being registered earlier then it would be making a false declaration and could lead to prosecution under Section 31 of Representation of the People Act, 1950.
The Election Commission has now said that previous enrolment alone does not make the submission of Form 6 a false declaration in such cases.
Why did the Election Commission issue this clarification?
The Commission said it had received reports that some voters whose names were not in the draft electoral rolls were reluctant to apply through Form 6.
The problem was that the form had a declaration about first time inclusion in electoral roll. Previously registered voters were unsure how to complete the application without making an incorrect statement.
In its communication to Chief Electoral Officers of all states and Union Territories ECI said that voters missing from draft SIR rolls can be included through Form 6 even if they were enrolled in an earlier electoral roll.
The Commission also referred to a Delhi High Court judgment dated 14 October 2026 in the case of Nilotpal Datta and Another versus Election Commission of India and Others.
Based on the court’s observations, ECI said that apprehension of making a false declaration because one had previously enrolled was misplaced.
Will previously registered voters be prosecuted?
The Election Commission has made it clear that an ERO cannot take action under Section 31 of the Representation of People Act merely because a previously registered voter submits Form 6 during or after SIR.
However, the clarification comes with conditions.
The applicant cannot already be enrolled in another Parliamentary or Assembly constituency and the declaration made must otherwise be in accordance with the law.
Section 31 of Representation of the People Act, 1950 deals with punishment for making a false statement or declaration in connection with electoral registration.
So ECI’s clarification means that previous enrolment by itself cannot be used as a basis for prosecution when a voter applies for inclusion because his name is not on the draft list.
What Is Form 6 and Who Can Use It?
Form 6 is the application prescribed for inclusion of a name in electoral roll. It is generally used by eligible Indian citizens who want to get registered as voters in their constituency.
During the SIR exercise which is currently taking place, the form can also be used by previously enrolled electors whose names do not appear in the draft electoral rolls.
The application is intended to help eligible voters apply for inclusion on the final electoral list. Applicants have to fill in personal details, supporting documents and declarations as per procedure prescribed by the Commission.
The Election Commission’s latest clarification is specifically aimed at voters who had already been registered but whose names were missing from the draft SIR list.
What Is the Special Intensive Revision (SIR)?
Special Intensive Revision is a process undertaken by the Election Commission to review and update electoral rolls.
The process involves checking voter details; identifying electors who are eligible to vote and preparing revised electoral lists. It is designed to correct inaccuracies in voter records and make sure eligible citizens are included.
Some previously registered voters may find that their names are missing from the draft electoral rolls. They need to follow the procedure prescribed for inclusion in the final list.
The latest clarification clarifies how Form 6 is used in these circumstances.
EC Directs States and Union Territories to Publicise the Clarification
The Election Commission has sent its decision to the Chief Electoral Officers of all states and Union Territories.
It has also asked election authorities to disseminate the clarification widely through available media platforms and in local languages so that affected voters know about it.
The move is meant to clear up confusion around Form 6 and make sure that eligible voters don’t avoid applying because they fear legal consequences.
For those voters involved in the SIR process now underway, the point is that if their names are not on the draft list they have been registered earlier on an electoral roll and will still be able to submit Form 6 but applications will still have to meet eligibility criteria and verification procedures prescribed.
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