NEW DELHI: The Election Commission (EC) has assured the Supreme Court that voters whose names are missing from the draft electoral rolls prepared during the Special Intensive Revision (SIR) can apply afresh through Form 6 without facing prosecution under Section 31 of the Representation of the People Act, 1950.
In an affidavit filed before the Supreme Court on Saturday, the poll body clarified that anyone previously enrolled as a voter but left out of the draft electoral roll can seek re-inclusion by submitting a fresh application.
"A person who was earlier enrolled as a voter but whose name does not figure in the draft electoral roll prepared during the Special Intensive Revision can file Form 6 afresh. Such a person will not face prosecution under Section 31 of the Representation of the People Act, 1950," the EC said in its affidavit.
The Commission said it had received reports that several electors were hesitant to submit Form 6, fearing that a fresh application despite their previous enrolment could be treated as a false declaration or double enrolment and invite penal action.
Dismissing these concerns as baseless, the EC said filing Form 6 to secure re-inclusion was a legitimate remedy under the law and would not, by itself, lead to criminal proceedings.
To ensure that the clarification reaches all voters, the Commission said it had directed Chief Electoral Officers (CEOs) in all states and Union Territories to publicise it widely in local languages, particularly in villages and small towns.
The affidavit noted that the SIR exercise had resulted in the deletion of several names from the draft electoral rolls. It said applying afresh was the only way for affected voters to seek re-inclusion and that penalising them for doing so would defeat the objective of making electoral rolls accurate and inclusive.
The EC also stressed that no eligible citizen should lose the right to vote because of a technical omission or fear of prosecution. It said the clarification would be circulated through official channels and public notices to ensure that booth-level officers, district officials and voters were aware of the position.
The Supreme Court is scheduled to hear a batch of petitions on November 17 challenging the functioning of the EC and the Chief Election Commissioner (CEC), as well as decisions taken during the SIR of electoral rolls. The petitions include one filed by Rakesh Kumar Singh and related matters.