Form 6 refiling after SIR omission will not invite prosecution, EC tells SC

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The Election Commission told the Supreme Court that voters omitted during SIR may refile Form 6 without prosecution. The clarification seeks to protect eligible electors while preventing duplicate enrolments.

The Election Commission has told the Supreme Court that voters whose names are missing from the draft electoral rolls despite being enrolled earlier can apply afresh through Form 6 without facing prosecution, provided they are not already registered in another Parliamentary or Assembly constituency.

In an affidavit filed before the apex court in connection with the Special Intensive Revision (SIR) of electoral rolls in Delhi, the poll panel clarified that merely filing Form 6 after a voter's name is left out during the SIR will not invite prosecution under Section 31 of the Representation of the People Act, 1950.

The EC said it had received representations about apprehensions that people who were enrolled in previous electoral rolls but whose names did not appear in the draft rolls during the SIR could face prosecution for submitting Form 6 again.

" In order to allay such misapprehensions, the Commission ... has clarified that no prosecution will be launched against anyone for filing Form 6 merely on the ground that the applicant/elector was previously enrolled in the electoral roll(s) prior to the SIR and their name did not appear in the draft electoral roll during the SIR, provided that applicant/elector is not already enrolled in any other Parliamentary or Assembly Constituency and the declaration made is otherwise in accordance with law," the affidavit said.

The poll panel added that Chief Electoral Officers (CEOs) had been asked to publicise the clarification widely, including in local languages, to ensure voters are aware of the provision.

The Election Commission also informed the Supreme Court that it had taken note of the court's suggestion to reach out to voters left out under the ASDD (Absent, Shifted, Dead, or Duplicate) category and facilitate their inclusion in the electoral rolls.

The commission said it had decided to introduce further measures in the interest of voters and issued directions to Chief Electoral Officers in states and Union Territories where…

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