Deleted Voters Can File Form 6 Without Fear of Prosecution, Clarifies Election Commission

The clarification came following a Delhi High Court order concerning voter enrolment through Form 6 that has a clause for declaration that says that “I was never enrolled as voter earlier” and that the applicant is seeking inclusion in the voters' list for the first time. There were apprehensions that such a declaration could amount to making a false declaration and invite prosecution under the Representation of the People Act.

Citing the Delhi High Court's October 14 judgment, the EC said the apprehension of making a false declaration was misplaced. In a letter to all state chief electoral officers, the ECI 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.

"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. The poll body clarified that voters whose names do not figure in the draft SIR rolls can submit Form 6 to seek fresh inclusion in the final voters' list, even if they were enrolled previously.

The ECI added 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 and an Electoral Registration Officer (ERO) cannot initiate action under Section 31 of the Representation of the People Act merely because an elector who was on the earlier electoral roll submits Form 6 during or after the SIR