On 3 November 2026, the Election Commission of India issued a clarification concerning the submission of Form 6 by electors whose names do not appear in the draft electoral roll published during the ongoing Special Intensive Revision (SIR) process. The Commission clarified that such electors may submit Form 6 for inclusion in the final electoral roll, in accordance with the prescribed procedure. Accordingly, such electors are required to seek inclusion afresh in the electoral roll under SIR or afterwards, irrespective of whether they had been enrolled previously. 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.
The Commission noted that certain previously enrolled voters, whose names do not figure in the draft electoral roll, are hesitant to submit Form 6 as they are required to furnish a declaration prescribed in Form 6 to the effect that their name is being included for the first time in the electoral roll. As given their previous enrolment, it would amount to a false declaration and make them liable for prosecution under Section 31, Representation of the People Act, 1950.
The Commission clarified that its position aligns with the Delhi High Court’s ruling in Nilotpal Datta v. Election Commission of India1, wherein the Court held that the petitioners’ apprehension about submission of Form 6 amounted to making a false declaration was misplaced, and observed that the petitioners were at liberty to submit Form 6 to be processed in accordance with law.
The Commission further noted that no action under Section 31 of the Representation of the People Act, 1950, shall be initiated by an Electoral Registration Officer (ERO) against an elector merely on the ground that the elector had been included in a previous electoral roll and has submitted Form 6 during the SIR process or afterwards, provided that the elector is not already enrolled in any other Parliamentary or Assembly Constituency and the declaration made is otherwise in accordance with law.
The Chief Electoral Officers (CEOs) of all States/UTs have been asked to widely publicise this clarification through available media, including translating it into local languages.
The clarification by the ECI provides certainty to voters whose names are missing from the draft electoral roll by confirming that they may use Form 6 to seek re-inclusion without fear of prosecution solely on account of prior enrolment. It also seeks to facilitate wider participation in the electoral revision process and prevent disenfranchisement arising from procedural concerns.
1. WP (C) No. 14955 of 2026, decided on 14.10.2026 [Delhi HC]

