Election Commission clarifies Form 6 submission for enrolled voters

The Election Commission of India has clarified that previously enrolled voters can submit Form 6 for inclusion if their names are missing from draft Special Intensive Revision rolls. This directive, issued in a letter to all state chief electoral officers on Tuesday, aims to resolve voter hesitation over potential false declaration charges.

The Commission stated that submission of Form 6 in such cases does not, by itself, constitute a false declaration. Voters who were mistaken in their fear of prosecution can now correct omissions. The clarification was issued amid concerns that submitting the form could invite legal action under election law.

Supreme Court directs alternative correction method

The Supreme Court advised the Election Commission not to require nearly 4.3 million Delhi residents to reapply as new voters through Form 6 if they were on the 2026 rolls. Instead, the court suggested permitting name restoration through Form 8 or the standard enumeration process.

This intervention came after the court questioned the Commission's initial insistence on new Form 6 applications for name correction. The judicial direction provides an alternative pathway for voters seeking to restore their electoral status.

Legal framework and compliance requirements

Section 31 of the Representation of the People Act, 1950 prohibits false declarations by enrolled voters. The Election Commission confirmed that Form 6 submissions during the Special Intensive Revision do not trigger this provision if names were merely omitted during the revision exercise.

An Electoral Registration Officer cannot initiate action under Section 31 solely because a previously enrolled voter submitted Form 6 during or after the revision. Legal action is barred unless the elector is enrolled elsewhere or has made an unlawful or false declaration. Previously enrolled voters must not be registered in another Parliamentary or Assembly constituency to qualify for this Form 6 submission process.

The Commission cited a Delhi High Court judgment from October 14, 2026, in the case of Nilotpal Datta & Anr. versus Election Commission of India & Ors., to support its clarification. State chief electoral officers have been directed to widely publicise this clarification through media platforms and in local languages.

Implementation challenges and official response

A senior official in the Delhi Chief Electoral Officer’s office stated that the ground machinery had not received any Standard Operating Procedures or instructions from the Election Commission regarding implementing Form 8. This gap persists despite the Supreme Court's suggestion.

Activists Anjali Bhardwaj and Amrita Johri wrote to the Election Commission and the Delhi CEO seeking immediate compliance with the court's directions. The deadline for 'claims and objections' during the special intensive revision exercise is October 30.