Politics1 min read

Deleted from SIR draft rolls? EC says can use Form 6 for re-inclusion

By · Via Times of India · Published by Everything Blog

In short

The Election Commission has directed electoral registration officers not to prosecute applicants who file Form 6 after being omitted from draft rolls during the Special Intensive Revision. Electors had previously feared that signing the declaration intended for first-time applicants would lead to penalties under the Representation of the People Act, 1950. Citing an October 14 Delhi High Court ruling, the commission clarified that using the form is legally sound as long as the applicant is not already registered elsewhere. This re-inclusion process remains available both throughout the revision exercise and after its completion.

Key points

  • Submitting Form 6 is not considered inherently false simply because an applicant was enro…: Submitting Form 6 is not considered inherently false simply because an applicant was enrolled in the electoral roll in the past.
  • Applicants will not face legal action provided they are not already actively registered i…: Applicants will not face legal action provided they are not already actively registered in any other parliamentary or assembly constituency.
  • Omitted citizens can use the standard Form 6 application procedure both during the revisi…: Omitted citizens can use the standard Form 6 application procedure both during the revision process and after it concludes.

Sources checked by our analysis pipeline: 1

Section 31 of the RP Act provides for imprisonment up to a year or fine or both, for anyone making a false declaration during updation of rolls

NEW DELHI: Election Commission Tuesday clarified that no action will be taken against a previous elector, whose name is deleted from draft rolls published during Special Intensive Revision (SIR), who seeks re-inclusion by filling Form 6.The declaration that the voter's name is being included in the electoral roll for the first time will not be liable for prosecution under election laws for making a false statement, EC said in a communication to chief electoral officers (CEOs) of states and UTs.Recalling a Delhi HC order dated Oct 14 that held as "misplaced" the apprehension of an applicant, who argued that submitting Form 6 would amount to making a false declaration, EC directed that "no action shall be initiated under Section 31 of the R P Act by an ERO against an elector merely on the ground that the elector had been included in a previous electoral roll and has submitted Form 6 during the…

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