ECI clarifies form-6 rules: Past voters missing from draft rolls can reapply without legal trouble
New Delhi: Amid the SIR process, a lot of people were worried after checking the latest draft voter lists published under the Special Intensive Revision (SIR). The majority of people who had voted earlier didn’t find their names in the list, and to get their names back on the list, they have to fill out Form 6, but it brought up an unexpected dilemma.
Since August 1, 2022, Form 6 carries a declaration where applicants must state that their name is being added to the electoral roll for the very first time. Because of this specific wording, several past voters hesitated. They worried that signing the form would count as making a false statement, leaving them open to legal action and prosecution under Section 31 of the Representation of the People Act, 1950.
The Election Commission of India issued an official directive on 3 November 2026 to Chief Electoral Officers in every state and Union Territory. Under Secretary Sandeep Kumar explained that if someone’s name is missing from the draft roll, they simply have to apply afresh to get onto the final list in a letter.
The Commission stated clearly that submitting Form 6 under such circumstances is strictly meant to secure an entry into the roll and is not a false declaration just because the person was registered before.
What High Court ruled
This stance also matches a recent order from the Delhi High Court. In the case of Nilotpal Datta & Anr. v. Election Commission of India & Ors. (decided on 14 October 2026), an applicant who was not a first-time voter raised the same worry about Form 6. The High Court ruled that such fears were misplaced, noting that applicants are free to submit Form 6 so their requests can be processed according to law.
Relief for eligible citizens
The poll panel has now instructed Electoral Registration Officers not to take any action under Section 31 against electors just because they held voter cards in the past. The only condition is that the applicant must not be registered in any other Assembly or Parliamentary constituency, and their submission must follow the standard legal requirements.
State electoral bodies have also been told to spread the word widely through local media and regional languages, so voters know their rights.