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 SIR process or afterwards, provided the elector is not already enrolled in any other parliamentary or assembly constituency and the declaration made is otherwise in accordance with law”.
EC clarifies deleted voters can seek re-inclusion through Form 6 during SIR without facing prosecution for false declaration
Declaration prescribed under Form 6 has been in force since Aug 1, 2022: EC
Stating that submission of Form 6 for inclusion afresh under SIR or afterwards is not, by itself, false merely because the elector was previously enrolled, EC on Tuesday instructed chief electoral officers of states and UTs that no action should be initiated by electoral registration officers (ERO) against such electors under Section 31 of the Representation of the People (RP) Act, 1950. Section 31 of the RP Act provides for imprisonment up to a year or fine or both, for anyone making a false declaration during preparation or updation of electoral roll.
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Certain previous electors, whose names did not figure in the draft electoral roll published during SIR, have been hesitant to submit Form 6 as they are also required to furnish a declaration prescribed in Form 6 that their name is being included for the first time in the electoral roll.They believe that this would amount to falsehood in view of their previous enrolment, attracting Section 31. Stressing that the declaration prescribed under Form 6 has been in force since Aug 1, 2022, the poll body clarified that an elector whose name does not appear in the draft electoral roll may submit Form 6 to seek inclusion in the final electoral roll, “in accordance with the prescribed procedure,” both under SIR and afterwards, irrespective of whether such elector was enrolled previously.