No prosecution for previously enrolled voters filing Form 6: EC to SC

New Delhi: The Election Commission has told the Supreme Court that voters whose names are missing from the draft electoral rolls, even though they were enrolled earlier, may apply again through Form 6 without any fear of prosecution. In an affidavit filed before the court, the poll body said chief electoral officers have been asked to widely publicize this clarification, including in local languages. “It had been brought to the notice of the Commission that some apprehensions were expressed that applicants who were enrolled as voters in previous electoral roll but whose names did not appear in the draft Electoral Roll during the SIR — by filing Form 6, may face action for prosecution under Section 31 of the Representation of the People Act, 1950, on account of the fact that they were enrolled as voters in the previous electoral roll.

“In order to allay such misapprehensions, the Commission … has clarified that no prosecution will be launched against anyone for filing Form 6 merely on the ground that the applicant/elector was previously enrolled in the electoral roll prior to the SIR and their name did not appear in the draft electoral roll during the SIR, provided that applicant/elector is not already enrolled in any other Parliamentary or Assembly Constituency and the declaration made is otherwise in accordance with law,” the affidavit said. The poll panel also said it has taken note of the Supreme Court’s suggestion to reach out to left-out ASDD voters and include them in the electoral roll. “The Commission decided to take certain further measures in the interest of the voters.

The Commission has inter alia issued directions by its communication dated November 6, 2026, to the Chief Electoral Officers of the states/UTs where the SIR is ongoing,” it said. The EC said the CEOs have been directed to allow voters to submit the duly filled Enumeration Form to the ERO, AERO or BLO at their present ordinary residence. “Electors who have not shifted may submit the signed Enumeration Form with the Annexure-B statement giving the reason for the earlier non-submission of the Enumeration Form.

They can submit it to the ERO/AERO/BLO in person or through family members. Online submission option with e-sign will be available on ECINET,” it said. The poll body further said a mechanism has been ordered to make sure that no elector is denied the chance to have his or her name included in the final electoral roll, provided the prescribed eligibility conditions are met, while also ensuring that no duplicate enrolment takes place.

“The Commission remains committed to its constitutional duty of ensuring the purity of the election process. There are challenges on count of the large numbers involved, and also because the full data is digitalised. “There have been and will be problems that arise from time to time and the Commission remains alive to the need to ensure that those who are eligible to vote find their names in the voters’ lists but equally, at the same time, to ensure that all inconsistencies in these lists are addressed,” it said.

Earlier, the EC had strongly defended the Special Intensive Revision of electoral rolls before the Supreme Court, saying the exercise was backed by law and that the relevant orders were approved unanimously by all three members of the Commission. It also rejected allegations that Form 6 had been amended, saying in its reply to a petition challenging the chief election commissioner and its decisions that no changes were made to the statutory Form 6 used for voter registration.