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

In a significant update for voters in states that have conducted Special Intensive Revision (SIR) of electoral rolls, the Election Commission (EC) has told the Supreme Court that voters whose names are missing from draft electoral rolls despite having been enrolled earlier can apply afresh through Form 6 without the fear of prosecution. In an affidavit filed before the apex court, the poll panel said chief electoral officers have been requested to give wide publicity to the said clarification, in local languages as well. "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," the affidavit read.

"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 has also elaborated: "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."

The poll panel submitted that it has also taken note of the apex court's suggestion to reach out to the left out ASDD (Absent, Shifted, Dead, or Duplicate) voters for inclusion 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 it has asked the CEOs to allow voters to submit the duly-filled Enumeration Form (Annexure A) to the ERO or the AERO or the BLO for their current ordinary residence.