Election Commission allows omitted voters to submit Form 6 'safely'

The Election Commission clarified that the submission of Form 6 by a voter whose name had been deleted from a draft revision roll would not, by itself, constitute a false declaration.

It said an Electoral Registration Officer could not initiate action under Section 31 merely because a voter who was on an earlier electoral roll submitted Form 6 during or after the revision.  

In a letter to all state chief electoral officers, the Election Commission said it had learnt that some people whose names were not included in draft rolls published during the ongoing revision were hesitant to submit Form 6 because of the declaration.

“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". 

The clarification addresses concerns that submitting the form could amount to a false declaration and lead to prosecution under the Representation of the People Act, 1950. Form 6 includes a declaration that the applicant is seeking inclusion in the electoral roll for the first time.  

Citing an Oct 14 judgment of the Delhi High Court, the EC said concerns about making a false declaration were misplaced. It reiterated that previously enrolled voters missing from draft revision rolls could use Form 6 to seek inclusion in the final electoral roll.

The Commission further explained that any voter whose name does not appear in the draft electoral roll will have to enrol afresh under the SIR process or thereafter, irrespective of whether they were included in an earlier electoral roll.

"Therefore, submitting Form 6 in such circumstances is for the purpose of enrolling his or her name in the electoral roll under the SIR or thereafter and merely because the voter was previously enrolled is not in itself wrong," the Commission said.

The clarification comes amid intensifying protests by opposition parties against the SIR process, which they have termed illegal and flawed, while demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

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