In a major administrative clarification, the Election Commission of India (ECI) announced on Tuesday, November 3, 2026, that previously enrolled electors whose names are missing from the ongoing Special Intensive Revision (SIR) draft rolls can submit Form 6 to seek inclusion in the final electoral roll.
The clarification comes in the wake of hesitation among previously registered voters, who expressed concern that completing Form 6—which includes a mandatory declaration stating that their name is being enrolled for the first time—could expose them to criminal prosecution under Section 31 of the Representation of the People Act, 1950, for making a false declaration.
ECI Clarifies False Declaration Apprehensions
In a directive issued to all Chief Electoral Officers (CEOs) across states and Union Territories, the ECI stated that these fears were misplaced.
Citing an October 14 judgment from the Delhi High Court, the poll body affirmed that submitting Form 6 during or after the SIR process will not trigger legal proceedings under the Representation of the People Act, provided the applicant is not already enrolled in another assembly or parliamentary constituency and complies with statutory declaration requirements.
“Submitting Form 6 in such cases would not amount to a false declaration and would not invite action under Section 31 of the Representation of the People Act, 1950, provided the elector is not already enrolled in another constituency.”
— Election Commission of India Directive
Tension Between Supreme Court Observations and On-Ground Implementation
The ECI’s instruction arrives days after the Supreme Court suggested that nearly 4.3 million Delhi residents—whose names were removed from electoral rolls after they were not located at their last known addresses—should not be forced to reapply as new voters via Form 6.
- Supreme Court Position: The apex court recommended that electors listed on the 2026 rolls be permitted to restore their names via Form 8 (intended for address updates and corrections) or through direct enumeration channels.
- Lack of Ground Guidelines: Senior officials from the Delhi CEO’s office noted that field staff have not yet received specific Standard Operating Procedures (SOPs) or guidelines from the ECI to implement the Form 8 route for voters categorized under Absentee, Shifted, Dead, or Duplicate (ASDD) lists.
- RTI Activist Appeal: Transparency activists Anjali Bhardwaj and Amrita Johri have formally written to the ECI and the Delhi CEO demanding immediate compliance with judicial directions to streamline voter restoration.
