EC allows re-inclusion via Form 6 without false declaration charges

The Election Commission has clarified that no legal action will be taken against voters whose names were removed from draft electoral rolls during the Special Intensive Revision (SIR) process if they seek re-inclusion by submitting Form 6.

The Commission stated that a declaration made under Form 6, asserting that the voter is being included in the electoral roll for the first time, will not be considered a false statement for the purpose of prosecution under the Representation of the People (RP) Act.

The directive was issued to chief electoral officers of states and union territories, emphasizing that no electoral registration officer (ERO) may initiate action under Section 31 of the RP Act against such voters, provided they are not already enrolled in another constituency and their declaration is otherwise lawful.

Section 31 of the RP Act mandates imprisonment up to a year or a fine, or both, for making false declarations during the preparation or updating of electoral rolls. The EC clarified that submitting Form 6 for re-inclusion does not constitute a false declaration merely because the voter was previously enrolled.

The Commission also noted that certain voters, whose names were not listed in the draft rolls, had been hesitant to submit Form 6 due to concerns about making false statements. The EC reassured that the declaration process under Form 6 is valid and should be followed as per the prescribed procedure.

The EC reiterated that the declaration required under Form 6 has been in effect since August 1, 2022, and that electors not appearing in draft rolls may still apply for inclusion in the final electoral rolls through this process.