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Election Commission tells Supreme Court previously enrolled voters can use Form 6 without fear of prosecution

Reported by Danish Ansari (Fact-Checker) · Business Standard - Top Stories ·

Source: Business Standard
Important
Election Commission tells Supreme Court previously enrolled voters can use Form 6 without fear of prosecutionPhoto: Wikimedia Commons

Voters whose names are missing from draft electoral rolls despite being enrolled earlier can now apply afresh through Form 6 without fear of legal action. The Election Commission made this submission in an affidavit filed before the Supreme Court.

Official Clarification

Some applicants worried that filing Form 6 after their names dropped from the draft electoral roll during the Special Intensive Revision would trigger prosecution under Section 31 of the Representation of the People Act, 1950. The poll panel clarified that no one will face prosecution simply because they were previously on the voter list, provided they are not already enrolled in another constituency and their declaration is lawful. Chief electoral officers have been asked to give wide publicity to this clarification in local languages.

Voter Outreach

The poll panel also acted on the top court's suggestion to reach out to left-out Absent, Shifted, Dead, or Duplicate voters. Directions issued on November 6, 2026, to chief electoral officers in states and union territories where the revision is ongoing allow voters to submit filled Enumeration Forms to local election officials. Electors who have not shifted can submit the signed form along with a statement explaining why it was not submitted earlier. This can be done in person, through family members, or online using an e-sign option on ECINET.

Context

Electoral rolls are regularly updated to ensure that all eligible citizens can vote while removing duplicate or invalid entries. The Election Commission oversees these nationwide administrative lists under legal rules to keep elections fair and accurate.

ExplainerWhy this matters

What Happened

The Election Commission informed the Supreme Court that voters who find their names missing from draft rolls can re-apply using Form 6 without risking prosecution under Section 31 of the Representation of the People Act, 1950, provided they are not registered elsewhere.

Why It Matters

This clarification removes a major legal deterrent that stopped genuine, previously registered voters from re-registering during the Special Intensive Revision process, protecting voter franchise rights.

What Happens Next

Chief electoral officers will widely publicize this clarification in local languages, and voters can submit their details through local officials or the ECINET digital portal.

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