The Election Commission of India has clarified that voters whose names are missing from the draft electoral rolls under the ongoing Special Intensive Revision (SIR) can apply for fresh inclusion through Form 6, even if they were registered voters earlier. The clarification is intended to address concerns that submitting the form could expose such voters to legal action.
In a letter dated November 3, addressed to the Chief Electoral Officers of all states and Union Territories, the Commission said that filing Form 6 in these circumstances would not, by itself, amount to making a false declaration. It also clarified that an Electoral Registration Officer should not initiate action under Section 31 of the Representation of the People Act, 1950, solely because the applicant's name appeared in an earlier electoral roll.
However, the protection comes with important conditions. The applicant must not already be enrolled in another Parliamentary or Assembly constituency, and the declaration submitted must otherwise comply with the law. The application must also follow the prescribed procedure.
The Commission referred to a Delhi High Court order dated October 14, which dealt with concerns about previously registered voters submitting Form 6. It has also asked state election authorities to publicise the clarification widely in local languages.
The issue has a wider legal context. The Supreme Court has issued notice to the Election Commission on a petition filed by Trinamool Congress MP Dola Sen concerning Form 6. The next hearing in the related proceedings is scheduled for November 17.
The clarification does not guarantee automatic restoration of every missing name. Voters in West Bengal should check the applicable procedure with the Chief Electoral Officer's office before applying.
