ECI clarifies deleted voters may file Form 6 without false declaration charge

This document is a clarification issued by the Election Commission of India (ECI) to Chief Electoral Officers regarding the submission of Form 6 by previous electors whose names are missing from draft electoral rolls during the Special Intensive Revision (SIR). It addresses concerns that such voters might be liable for prosecution under Section 31 of the Representation of the People Act, 1950, for making false declarations.

Who it concerns: The document is issued by the Election Commission of India (Under Secretary Sandeep Kumar) to the Chief Electoral Officers of all States/UTs. It references a judicial pronouncement by the Hon’ble Delhi High Court in the case of Nilotpal Datta & Anr. v. Election Commission of India & Ors. (W.P. (C) No. 14955/2026).

What the court decided

• Clarified that an elector whose name does not appear in the draft electoral roll may submit Form 6 to seek inclusion, regardless of previous enrollment.
• Stated that submitting Form 6 in these circumstances is not considered a false declaration merely because the elector was previously enrolled.
• Directed that no action under Section 31 of the Representation of the People Act, 1950, shall be initiated by an Electoral Registration Officer (ERO) against an elector for submitting Form 6 during SIR or afterwards, provided they are not enrolled elsewhere and the declaration is otherwise lawful.
• Requested Chief Electoral Officers to provide wide publicity to this clarification in local languages through available media.

Also in the document

• The clarification cites the Delhi High Court's decision in Nilotpal Datta & Anr. v. Election Commission of India & Ors. (decided on 14.10.2026) as aligning with the ECI's position.
• The document is dated 3rd November, 2026.
• The ECI explicitly states that the declaration in Form 6 has been in force since 01.08.2022.