New Delhi: In a major relief for voters whose names are missing from the draft electoral rolls after the Special Intensive Revision (SIR), the Election Commission (EC) has assured the Supreme Court that eligible electors can apply afresh through Form 6 without facing prosecution merely because they were registered voters earlier.
In an affidavit filed before the Supreme Court, the poll panel clarified that no prosecution would be initiated under Section 31 of the Representation of the People Act, 1950, against applicants simply because their names appeared in previous electoral rolls but were missing from the draft list prepared during the SIR exercise.
However, the protection comes with conditions. The applicant must not already be enrolled in any other Parliamentary or Assembly constituency, and the declaration submitted with the application must comply with the law.
The EC said the clarification was issued after concerns emerged that previously registered voters might face legal action for submitting Form 6, which is generally used to seek fresh enrolment as a voter.
EC Directs States to Publicise Form 6 Clarification
The Election Commission has asked Chief Electoral Officers (CEOs) of the states and Union Territories where the SIR exercise is underway to widely publicise the clarification, including in local languages.
The move is aimed at addressing apprehensions among eligible voters who may be hesitant to apply for inclusion in the electoral rolls because their names were already present in earlier voter lists.
The Commission said it had taken note of the Supreme Court’s suggestion to reach out to voters placed under the ASDD categories — Absent, Shifted, Dead or Duplicate — and facilitate the inclusion of eligible electors in the rolls.
Voters Can Submit Enumeration Forms Through ERO, AERO or BLO
The poll panel also detailed additional steps taken to help voters who have not shifted their residence but could not submit their Enumeration Forms earlier.
Through a communication issued on November 6, the EC directed election officials in states and Union Territories where the SIR is ongoing to allow such electors to submit a duly filled Enumeration Form (Annexure A), along with an Annexure-B statement explaining the reason for its earlier non-submission.
The documents can be submitted to the Electoral Registration Officer (ERO), Assistant Electoral Registration Officer (AERO) or Booth Level Officer (BLO) concerned for the voter’s current ordinary residence. Applicants can submit the forms personally or through family members.
An online submission facility with e-sign is also available through ECINET.
EC Says No Eligible Voter Should Be Left Out of Final Electoral Rolls
The Election Commission said it had directed officials to establish a mechanism to ensure that no eligible voter is denied the opportunity to have their name included in the final electoral roll, subject to fulfilment of the prescribed eligibility conditions.
It also stressed that adequate care would be taken to prevent duplicate enrolments.
The Commission acknowledged that the SIR exercise involves challenges because of the large number of voters and the digital nature of electoral records. However, it reiterated its commitment to including eligible voters while addressing inconsistencies in the lists.
EC Defends SIR Process Before Supreme Court
The Election Commission has also defended the legality of the Special Intensive Revision before the Supreme Court, maintaining that the exercise is authorised by law and that the relevant orders were approved unanimously by all three members of the Commission.
The poll panel has rejected allegations that Form 6 was amended during the SIR exercise. It has maintained that no changes were made to the statutory form used for voter registration.
The latest affidavit comes amid concerns over the process for restoring the names of previously enrolled voters who were left out of the draft electoral rolls.