EC: Electors enrolled previously but not in draft rolls can file Form 6 for inclusion, Pg6

Key Highlights:

• The Election Commission (EC) has clarified that electors whose names were deleted from draft electoral rolls during the Special Intensive Revision (SIR) can re-apply using Form 6 for inclusion in the final list.
• This clarification addresses concerns among voters who were hesitant to submit Form 6 due to a declaration implying first-time enrolment, fearing prosecution under Section 31 of the Representation of the People Act, 1950.
• The EC stated that submitting Form 6 in such circumstances is for inclusion under SIR and does not constitute a false declaration, provided the elector is not already enrolled elsewhere.
• This directive aligns with a recent Delhi High Court judgment and observations by the Supreme Court, which affirmed that no action under Section 31 should be initiated against such electors.

Detailed Insights:

• The Special Intensive Revision (SIR) is a comprehensive exercise by the Election Commission of India (ECI) to verify and update electoral rolls through house-to-house enumeration, aiming to include eligible citizens and remove ineligible entries.
• Form 6 is the official application form for inclusion of a person's name in the electoral roll, prescribed under the Registration of Electors Rules, 1960.
• The declaration in Form 6 regarding first-time enrolment has been present even before the 2021 amendment to the Representation of the People Act, 1950.
• Section 31 of the Representation of the People Act, 1950, penalizes making false declarations in writing related to the preparation or revision of electoral rolls, with punishment extending to one year imprisonment, a fine, or both.
• The EC communicated this clarification to all Chief Electoral Officers (CEOs) of states and Union Territories to ensure uniform implementation.
• The Electoral Registration Officer (ERO) is the statutory authority responsible for maintaining the electoral roll of a constituency and decides on inclusions, corrections, and deletions.
• The EC's clarification ensures that genuine voters, whose names might have been inadvertently deleted during the SIR, are not disenfranchised due to apprehension of legal action.

Key Concepts Involved:

• Special Intensive Revision (SIR): An intensive, time-bound exercise by the ECI for comprehensive verification and updating of electoral rolls.
• Form 6: The prescribed application form for eligible citizens to seek inclusion of their name in the electoral roll.
• Representation of the People Act, 1950 (Section 31): A legal provision that penalizes individuals for making false declarations in connection with electoral rolls.