Voters whose names are missing can submit Form 6 without fear - Read Full Report Here

The Election Commission clarified that old voters whose names are missing from the draft voter list can submit Form 6 without hesitation.

The Election Commission of India has issued a major clarification regarding the widespread confusion surrounding Form 6 under the Special Intensive Revision, known as SIR. The commission has clearly stated that old voters whose names don't figure in the draft electoral roll can submit Form 6 without any hesitation, and it won't be considered a false declaration. It came to the notice of the commission that during the SIR process, the names of several old voters were found missing from the published draft voter list. These voters were apprehensive about filling out Form 6 because the form contains a declaration stating that my name is being included in the electoral list for the first time.

Through this newly released clarification, the Election Commission has addressed all the doubts and concerns prevailing among old voters. These seasoned voters were under the impression that if they submitted such a declaration, it would constitute a false statement under Section 31 of the Representation of the People Act, 1950, potentially inviting legal prosecution against them. The commission has clarified that the declaration regarding first-time inclusion in Form 6 has been applicable since August 1, 2022. Anyone whose name isn't present in the draft roll must submit a fresh Form 6 under SIR or thereafter to get their name included, regardless of how many times they've been registered as voters in the past. In such a scenario, submitting Form 6 won't be deemed a false declaration simply because the voter was previously enrolled.

Key Conditions and Instructions by Election Commission

The Election Commission has also laid down a specific condition regarding this entire procedure, while the commission has explicitly instructed that no Electoral Registration Officer, known as ERO, shall initiate any case under Section 31 solely on the ground that the voter was previously on the list and has refilled Form 6. The only condition stipulated is that the name of that particular voter must not already be registered in any other parliamentary constituency or assembly seat. If their name doesn't exist anywhere else, they can proceed to fill out this form with absolute peace of mind, and the election authorities will complete the procedure of adding their name to the roll.

Major Relief Following the Delhi High Court Verdict

This important clarification by the Election Commission is in complete alignment with a judgment delivered by the Delhi High Court. This pertains to the case of Nilotpal Dutta versus the Election Commission in Writ Petition Number 14955 of the year 2026, with the judgment pronounced on October 14, 2026. The court had also observed at that time that a person filling out Form 6 who isn't a first-time voter doesn't amount to a false declaration, and the fear among voters is entirely misplaced. Keeping this backdrop in view, the Election Commission has directed the Chief Electoral Officers, known as CEOs, of all states and union territories to ensure wide publicity of this clarification in local languages so that no eligible voter is left behind from getting their name added.