The Election Commission on Tuesday said that voters whose names are missing from the draft electoral rolls published after the Special Intensive Revision (SIR) can submit Form 6 to seek fresh inclusion in the final voters' list, even if they were registered electors previously. The Commission also made it clear that such voters cannot be prosecuted, merely for submitting the form despite their previous enrolment.In a communication to the Chief Electoral Officers (CEOs) of all states and Union Territories on Tuesday, the poll body said it had received reports that some previously enrolled voters were hesitant to submit Form 6 because of the declaration required under the application.The form requires applicants to declare that their names are being included in the electoral rolls for the first time.

Consequently, some voters whose names do not figure in the draft SIR rolls believe that submitting the form despite having been registered earlier could amount to making a false declaration, risking prosecution under the Representation of the People Act.Addressing these concerns, the Commission clarified that the declaration prescribed under Form 6 has been in effect since August 2022. It said voters whose names are absent from the draft electoral rolls can submit the form to seek inclusion in the final electoral rolls by following the prescribed procedure.

The Commission further explained that any voter whose name does not appear in the draft electoral roll will have to enrol afresh under the SIR process or thereafter, irrespective of whether they were included in an earlier electoral roll."Therefore, submitting Form 6 in such circumstances is for the purpose of enrolling his or her name in the electoral roll under the SIR or thereafter and merely because the voter was previously enrolled is not in itself wrong," the Commission said. The clarification comes amid intensifying protests by opposition parties against the SIR process, which they have termed illegal and flawed, while demanding the resignation of Chief Election Commissioner Gyanesh Kumar.NO PROSECUTION FOR SUBMITTING FORM 6The ECI has issued a specific clarification to Electoral Registration Officers (EROs), stating that no action should henceforth be initiated against a voter under Section 31 of the Representation of the People Act, 1950, solely on the ground that the person was included in a previous electoral roll but submitted Form 6 during or after the SIR process.However, the Commission's clarification comes with certain conditions.

The voter must not already be enrolled in another parliamentary or Assembly constituency and the declaration submitted must otherwise be in accordance with the law.The clarification is intended to address apprehensions among previously registered voters who fear that applying afresh for inclusion in the electoral rolls could expose them to legal proceedings on the grounds of making a false declaration.COMMISSION CITES DELHI HC ORDERThe Commission said its position is consistent with a judicial decision of the Delhi High Court in the case of Nilotpal Dutta and Others.In the case, the petitioners had raised concerns that submitting Form 6 despite having been registered as voters earlier would amount to making a false declaration and could make them liable for prosecution.However, the Delhi High Court held that the petitioners' apprehensions regarding a false declaration were unfounded. While disposing of the writ proceedings, the court observed that the petitioners could submit Form 6 if they wished, with their applications to be considered in accordance with the law.Citing the judgment, the Election Commission reiterated that previous enrolment in an electoral roll does not, by itself, prevent a voter from submitting Form 6 when their name is missing from the draft rolls published during the SIR exercise.The Election Commission has asked the Chief Electoral Officers of all states and Union Territories to communicate the clarification to all subordinate officers and staff concerned.

It has also urged them to widely publicise the clarification in the public interest through available media platforms in their respective states and Union Territories, including in local languages.CONGRESS REACTS TO FORM 6 CLARIFICATIONThe Congress said the Election Commission's latest clarification on Form 6 is another set of word games that clarifies nothing. The party asserted that no amount of damage control can fix the "flawed" SIR process.The opposition party also said the EC cannot address the real problem that the SIR of electoral rolls is "designed for exclusion".In a post on X, Congress general secretary in-charge communications Jairam Ramesh said, "The ECI's latest 'clarification' on Form 6 is another set of word games that clarify nothing.

Each damage control attempt shows how badly designed the SIR process is."The Form 6 declaration plainly asks if you are "applying for inclusion for the first time", he said."The ECI's clarification: voters applying for re-inclusion during SIR can also be considered first-time. This is another deceptive word game to cover up a flawed process asking voters to make a false declaration," Ramesh argued.After asking voters to sign a false declaration, the ECI is now giving them protection from legal consequences, the Congress leader said, adding that this is how poorly thought through the SIR process has been.The EC clarification came amid concerns among those whose names have been deleted from draft SIR rolls that submitting Form 6, which carries a declaration that the applicant is seeking inclusion in the voters' list for the first time, could amount to making a false declaration and invite prosecution under the Representation of the People Act.- Ends