New Delhi, Nov. 3 -- The Election Commission on Tuesday said previously enrolled voters can submit Form 6 for inclusion as electors if their names are missing from draft Special Intensive Revision (SIR) rolls.

The clarification seeks to address concerns that submitting the form could amount to a false declaration, potentially exposing applicants to prosecution under Section 31 of the Representation of the People Act, 1950. Form 6 requires applicants to declare that they are seeking inclusion in the electoral rolls for the first time.

In a letter to all state chief electoral officers, the EC said it had received reports that several people whose names were absent from the draft SIR rolls were reluctant to submit the form because of this declaration.

"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 poll panel said.

The Commission clarified that submitting Form 6 after a name has been deleted from the draft SIR roll would not, by itself, constitute a false declaration. It also said an Electoral Registration Officer (ERO) cannot initiate prosecution proceedings merely because a previously registered voter applies for inclusion during or after the revision exercise.

According to the EC, action under Section 31 would be impermissible unless the applicant is already enrolled in another constituency or has made an unlawful or false declaration.

The poll panel also referred to an October 14 judgment of the Delhi High Court, stating that concerns over possible prosecution for submitting Form 6 in such circumstances were misplaced.

The clarification is intended to ensure that voters whose names have been omitted from the draft rolls can seek inclusion in the final electoral list without being deterred by fears of legal action solely on account of their previous registration.

Published by HT Digital Content Services with permission from Millennium Post.