New Delhi: The Delhi Chief Electoral Officer's office on Wednesday clarified that voters whose names were excluded from the draft electoral roll during the Special Intensive Revision (SIR) can submit Form 6 for inclusion without facing prosecution merely because they were previously registered as electors.
According to a statement from the office of the Chief Electoral Officer (CEO), no action under Section 31 of the Representation of the People Act, 1950, would be initiated against an elector solely because their name appeared in an earlier electoral roll and they submitted Form 6 during or after the SIR process.
The clarification follows concerns that previously enrolled voters could face prosecution for making a false declaration, as Form 6 includes a declaration that the applicant is seeking inclusion in the electoral roll for the first time.
The Election Commission of India (ECI), in a letter dated 3 November, said such voters could apply afresh for inclusion irrespective of their previous enrolment, provided they were not already registered in another parliamentary or assembly constituency, and their declaration otherwise complied with the law, the Delhi CEO's statement said.
The office also referred to a 14 October order of the Delhi High Court in the case of Nilotpal Datta and another versus Election Commission of India. The court had rejected the petitioners' apprehension that submitting Form 6, despite having been enrolled previously, would amount to a false declaration. It had allowed them to submit the form for processing in accordance with the law.
The clarification comes amid concerns over the use of Form 6 for voters excluded from the draft electoral roll.
Advocate Prashant Bhushan alleged on Wednesday that the Election Commission was continuing to insist that such voters apply as new electors.
The issue had also come before the Supreme Court. On 28 October, the court observed that the poll panel was in error in requiring voters who had previously been enrolled but were deleted during the SIR to apply as new voters through Form 6, according to submissions made in the matter.
The draft electoral roll published on 31 August had excluded 47.56 lakh electors in Delhi.
Between 31 August and 3 November, election authorities received 2,92,399 Form 6 applications, 26,869 Form 7 applications seeking deletion of names and 1,09,098 Form 8 applications for correction or modification of electoral entries.
The Delhi CEO's statement said that, as of 4 November, 32,35,212 electors had been cleared for inclusion in the final electoral roll out of 33.1 lakh notices issued over unmapped entries and 'logical discrepancies'.
The Election Commission last week extended the deadline for filing claims and objections to 25 November. It also rescheduled publication of the final electoral roll from 4 November to 22 December.
The disposal of claims and objections is scheduled to be completed by 15 December.