New Delhi: The Election Commission on Tuesday clarified that voters who were registered earlier but whose names are missing from the draft Special Intensive Revision (SIR) rolls can submit Form 6 to get their names included in the final electoral roll.
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Previously enrolled voters can submit Form 6 if names missing from draft SIR rolls: EC (Representative image)
The clarification comes amid concerns that submitting Form 6 could amount to making a false declaration and lead to prosecution under the Representation of the People Act. The form requires applicants to declare that they are seeking inclusion in the voters' list for the first time.
In a letter to all state chief electoral officers, the EC said it had received reports that some previously enrolled voters were hesitant to submit Form 6 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," it said.
The poll body clarified that voters whose names are missing from the draft SIR rolls can use Form 6 to seek fresh inclusion in the final voters' list, even if they were registered earlier.
The EC also said that submitting Form 6 after a name has been deleted from the draft SIR roll would not, by itself, amount to making a false declaration.
An Electoral Registration Officer (ERO) cannot initiate action under Section 31 of the Representation of the People Act merely because a previously enrolled voter submits Form 6 during or after the SIR, the EC said.
It added that such action cannot be taken unless the voter is already enrolled elsewhere or has made an unlawful or false declaration.
Citing the Delhi High Court's October 14 judgment, the EC said the fear of making a false declaration was misplaced.
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