The Election Commission of India (ECI) has clarified that electors whose names do not appear in the draft electoral rolls published during the ongoing Special Intensive Revision (SIR) may submit Form 6 for inclusion in the final electoral roll, irrespective of whether they were enrolled previously.

According to a clarification issued by the ECI, certain previously enrolled electors had expressed hesitation in submitting Form 6 due to the prescribed declaration stating that their names were being included in the electoral roll for the first time. The Commission clarified that submission of Form 6 in such circumstances is not, by itself, a false declaration, as it is intended to seek fresh inclusion in the electoral roll under the SIR process.

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The clarification further clarified that no action, under Section 31 of the Representation of the People Act, 1950, shall be initiated by an Electoral Registration Officer (ERO) merely because an elector was included in a previous electoral roll and has submitted Form 6 during or after the SIR process. This protection is subject to the condition that the elector is not already enrolled in another Parliamentary or Assembly Constituency, and that the declaration is otherwise in accordance with law.

The Commission also referred to the Delhi High Court’s judgment in Nilotpal Datta & Anr. v. Election Commission of India & Ors., dated October 14, 2026, which held that the apprehension of making a false declaration by previously enrolled electors submitting Form 6 was misplaced.