The Election Commission has clarified that people whose names were previously included in the electoral rolls but are missing from the draft voter list published during the Special Intensive Revision (SIR) can apply for re-inclusion by submitting Form 6. The Commission has stated that such applications will not be treated as incorrect declarations solely because the applicants were registered voters earlier.
The clarification was issued on November 3, 2026, addressing concerns among voters who had previously exercised their voting rights but could not find their names in the latest draft electoral roll. The Commission has also communicated its instructions to the Chief Electoral Officers of all states and Union Territories.
The electoral roll verification process is currently underway as part of the SIR exercise. During the process, several people have found that their names are missing from the draft voter list, including individuals who have voted in previous elections.
These voters need to apply for the inclusion of their names again. However, a declaration included in Form 6 had created confusion among previously registered voters.
Form 6 requires applicants to declare that they are applying for the inclusion of their names in the electoral roll for the first time. Consequently, people whose names had appeared in earlier voter lists were concerned that submitting the form could make their declarations inaccurate.
They were also worried about possible legal consequences under Section 31 of the Representation of the People Act, 1950, which provides for action in cases involving false declarations related to electoral rolls.
Following these concerns, the matter was brought to the attention of the Election Commission, which subsequently issued a clarification to the Chief Electoral Officers of all states and Union Territories.
The Election Commission has confirmed that individuals whose names appeared in previous electoral rolls but are missing from the latest SIR draft list can submit Form 6 to seek their re-inclusion.
The Commission clarified that the declaration concerning first-time voter registration in Form 6 has been in effect since August 1, 2022. However, if a person's name was previously included in the electoral roll but is now missing, submitting Form 6 again will not make the declaration incorrect solely on that ground.
The Commission has also issued instructions to Electoral Registration Officers (EROs), stating that previously registered voters should not face legal action merely because they have submitted Form 6 again.
However, applicants must ensure that all other information provided in the application is accurate.
The clarification comes with certain conditions. The applicant's name must not already be included in the electoral roll of another parliamentary or assembly constituency.
All other details provided in Form 6 must also be accurate and comply with the applicable legal requirements.
The Commission's clarification does not permit applicants to provide incorrect information. It only establishes that a previously registered voter will not automatically be treated as having made a false declaration simply because they have submitted Form 6 to seek the re-inclusion of their name.
After receiving an application, the relevant authorities will examine it under the prescribed procedure. The applicant's name will be included in the electoral roll only after all applicable requirements have been fulfilled.
The Election Commission's clarification follows a Delhi High Court order dated October 14, 2026, in the case of Nilotpal Dutta and Others versus the Election Commission of India.
The petitioners had raised concerns about submitting Form 6 despite having been registered voters previously. They argued that declaring themselves first-time applicants for inclusion in the electoral roll could amount to an incorrect statement.
During the hearing, the Election Commission informed the court that the petitioners could resolve the issue by submitting Form 6.
The court agreed that the petitioners' apprehension about the possibility of making a false declaration in these circumstances was reasonable. It permitted them to submit Form 6 and directed that their applications be processed in accordance with the law.
