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Voters Missing From Draft Rolls Can File Form 6 Without Prosecution Fear, ECI Says
The Election Commission says people dropped from draft SIR rolls can reapply without being treated as making a false declaration, even if they were enrolled before.
The Election Commission of India has told voters left off the draft electoral rolls during the Special Intensive Revision (SIR) that they can file Form 6 to get back on the final list. It said on Tuesday that doing so will not, by itself, count as a false declaration.
The worry was real for many people. Form 6 carries a declaration that the applicant was never enrolled as a voter before. Those who had been on earlier rolls feared that signing it could expose them to prosecution under the Representation of the People Act.
In a letter to all state chief electoral officers, the ECI said it had learned that some people missing from the draft roll were hesitating for exactly this reason. They believed their earlier enrolment made the declaration untrue and could invite action under Section 31 of the Representation of the People Act, 1950.
The commission called that fear misplaced, citing the Delhi High Court's October 14 judgment on Form 6 enrolment. It said voters absent from the draft SIR rolls may apply for fresh inclusion in the final list even if they were enrolled earlier.
It also set a limit on officials. An Electoral Registration Officer cannot start action under Section 31 simply because someone who appeared on an earlier roll submits Form 6 during or after the SIR.
For ordinary voters, the message is simple: if your name is missing from the draft, you do not have to stay away from the form out of fear. The ECI's clarification applies where the stated conditions are met, so applicants should check the requirements with their local election office.
Read the original report: Deccan Chronicle.
FiledElection CommissionDelhi High CourtSupreme CourtUnited StatesChandigarhHaryana
