EC tells SC voters left out of draft rolls can reapply without prosecution

The Election Commission has told the Supreme Court that voters missing from draft electoral rolls despite previous enrolment can reapply through Form 6 without prosecution, provided they are not registered in another constituency and meet the applicable legal requirements

New Delhi: The Election Commission (EC) has told the Supreme Court that voters whose names are missing from draft electoral rolls despite having been enrolled earlier can apply afresh through Form 6 without fear of prosecution.

In an affidavit filed before the court, the poll panel said Chief Electoral Officers (CEOs) had been asked to give wide publicity to the clarification, including in local languages.

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“It had been brought to the notice of the Commission that some apprehensions were expressed that applicants who were enrolled as voters in previous electoral roll(s) but whose names did not appear in the draft Electoral Roll during the SIR — by filing Form 6, may face action for prosecution under Section 31 of the Representation of the People Act, 1950, on account of the fact that they were enrolled as voters in the previous electoral roll(s).

“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 submitted that it had also taken note of the Supreme Court’s suggestion to reach out to left-out ASDD (Absent, Shifted, Dead or Duplicate) voters to facilitate their inclusion in the electoral roll.

“The Commission decided to take certain further measures in the interest of the voters. The Commission has inter alia issued directions by its communication dated November 6, 2026, to the Chief Electoral Officers of the states/UTs where the SIR is ongoing,” it said.

The EC said it had asked the CEOs to allow voters to submit duly filled Enumeration Forms (Annexure A) to the Electoral Registration Officer (ERO), Assistant Electoral Registration Officer (AERO) or Booth Level Officer (BLO) for their current ordinary residence.

“Electors who have not shifted may submit the signed Enumeration Form (Annexure A) with the Annexure-B statement giving the reason for the earlier non-submission of the Enumeration Form. They can submit it to the ERO/AERO/BLO in person or through family members. Online submission option with e-sign will be available on ECINET,” it said.

The poll panel said a mechanism had also been directed to be put in place to ensure that no elector was deprived of the opportunity to have their name included in the final electoral roll, subject to the fulfilment of prescribed eligibility conditions, while taking due care to avoid duplicate enrolments.

“The Commission remains committed to its constitutional duty of ensuring the purity of the election process. There are challenges on count of the large numbers involved, and also because the full data is digitalised.

“There have been and will be problems that arise from time to time and the Commission remains alive to the need to ensure that those who are eligible to vote find their names in the voters’ lists but equally, at the same time, to ensure that all inconsistencies in these lists are addressed,” it said.

The EC had earlier strongly defended its Special Intensive Revision (SIR) of electoral rolls before the Supreme Court, maintaining that the exercise was authorised by law and that the relevant orders had been approved unanimously by all three members of the Commission.

Rejecting allegations that Form 6 had been amended, the poll panel had said in its response to a petition challenging the Chief Election Commissioner (CEC) and decisions taken by the Commission that no changes had been made to the statutory Form 6 used for voter registration.