Voters whose names vanished from draft electoral rolls despite prior registration can file a fresh Form 6 without facing criminal charges under Section 31 of the Representation of the People Act, 1950, the Election Commission told the Supreme Court.
The poll panel filed an affidavit clarifying that applicants who were enrolled in earlier rolls will not face prosecution simply because their names disappeared during the Special Intensive Revision, provided they lack duplicate registrations elsewhere and their statutory declarations are lawful, business-standard.com reported.
The Electoral Roll Safeguards
- Voters whose names dropped from draft lists can re-apply via Form 6 without fear of Section 31 prosecution.
- Chief electoral officers must publicize this protection in local languages across active revision zones.
- Applicants must ensure they hold no other active constituency registrations to qualify for the immunity.
“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(s) 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(s),” the affidavit said.
“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(s) 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,” business-standard.com reported from the affidavit.
Reaching Out to Left-Out Voters
The poll panel acted on suggestions from the apex court to engage directly with ASDD voters categorized as Absent, Shifted, Dead, or Duplicate. State and union territory chief electoral officers received formal instructions on November 6, 2026, to facilitate re-inclusion.
Unaffected electors who did not shift residences can now submit Annexure A enumeration forms along with Annexure-B statements explaining their prior non-submission. Submissions go directly to electoral registration officers, assistant officers, or booth level officers either in person, via family members, or digitally through ECINET with an e-signature.
| Action Item | Designated Channel | Required Documentation |
|---|---|---|
| New Registration After Draft Omission | Form 6 Submission | Valid statutory declaration without duplicate enrolment |
| Non-Shifted Elector Update | ERO, AERO, or BLO in person or via family | Annexure A Enumeration Form with Annexure-B statement |
| Digital Submission Option | ECINET Portal | E-signed Enumeration Form |
“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,” business-standard.com noted.
Maintaining Electoral Purity Amid Scale
The Commission defended its Special Intensive Revision process before the Supreme Court as a fully authorized mandate approved unanimously by all three election commissioners. Officials pushed back against allegations that Form 6 statutory rules underwent amendments, maintaining the registration document remains unchanged.
“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,” business-standard.com quoted the poll panel as stating.
“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,” business-standard.com reported.
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