The Election Commission of India (ECI) has clarified that voters who were previously registered but find their names missing from the draft electoral rolls published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final voters’ list. The clarification is aimed at addressing confusion among electors who were reluctant to apply because Form 6 requires applicants to declare that they are being enrolled for the first time.
In a letter addressed to the chief electoral officers of all states and Union Territories, the poll body said it had received reports that several previously enrolled voters were hesitant to submit the form because of the declaration requirement. These voters feared that claiming first-time registration despite having been enrolled earlier could amount to making a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.
“Therefore, such electors believe that submission of Form 6, in view of their previous enrolment, would amount to making a false declaration and render them liable for prosecution under Section 31 of the Representation of the People Act, 1950,” the ECI said.
The Commission clarified that previous enrolment would not prevent such individuals from submitting Form 6 for fresh inclusion in the final electoral roll. Referring to the Delhi High Court's October 14 judgment in the case of Nilotpal Datta and another versus the Election Commission of India and others, it said the apprehension that filing the form would constitute a false declaration was misplaced.
The ECI further clarified that an Electoral Registration Officer cannot initiate action under Section 31 merely because a previously enrolled voter submits Form 6 during or after the SIR exercise. However, this protection is subject to the condition that the applicant is not already enrolled in another parliamentary or assembly constituency and that the declaration otherwise complies with the law.
The Commission has also directed chief electoral officers across states and Union Territories to publicise the clarification widely through available media platforms and in local languages so that eligible voters are aware of the procedure.
Supreme Court had questioned Form 6 requirement
The clarification comes amid a wider debate over the treatment of voters excluded from draft rolls during the SIR exercise. On October 29, the Supreme Court questioned the ECI's insistence that nearly 4.3 million Delhi residents, whose names were removed from the electoral rolls after they could not be traced at their last known addresses, reapply as new voters through Form 6 despite having featured in the 2026 electoral rolls.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana urged the poll panel not to insist on fresh applications from these voters. It suggested that their names could instead be restored through Form 8, which is generally used for corrections and changes in electoral details, including changes of address, or through the enumeration process.
The court also asked the ECI not to insist on a cut-off date at that stage and to continue accepting relevant forms while verifying information and seeking supporting documents wherever necessary. It urged the Commission to proactively reach out to voters who might have been left out of the draft electoral roll.
The bench also asked the poll body to devise a mechanism to bridge the gap of nearly 4.7 million electors whose names were not carried forward to the draft roll published on August 31. Of the approximately 14.5 million electors at the beginning of the SIR exercise in Delhi, around 9.7 million submitted their enumeration forms, while about 4.7 million did not.
Delhi officials flag lack of instructions on Form 8
However, the ECI's latest clarification has highlighted concerns over the implementation of the alternative Form 8 route suggested by the Supreme Court.
A senior official in the Delhi chief electoral officer's office said officials on the ground had not received instructions on implementing the Form 8 route for voters placed in the ASDD categories, which comprise absent, shifted, dead and duplicate electors.
“We haven’t received any SOPs or instructions from the ECI to get people placed under ASDD categories to fill Form 8,” the official said.
Meanwhile, activists Anjali Bhardwaj and Amrita Johri have written to the ECI and the Delhi chief electoral officer, seeking “immediate compliance” with the Supreme Court's observations.
The issue has raised concerns over the process through which previously registered voters can reclaim their place on the electoral rolls, particularly in cases where their names have been excluded during the ongoing revision exercise.