Because they had been included in a previous electoral roll and then submitted Form 6 — meant for new voters — during the special intensive revision (SIR) process or afterwards, provided they were not already enrolled in another Parliamentary or Assembly constituency, the Election Commission of India (ECI) on Tuesday (November 2, 2026) said no action would be taken against voters merely.
14955/2026), decided on October 14. This declaration has been in force since August 1, 2022. Meanwhile, petitioners in the Delhi SIR case wrote to the ECI seeking urgent implementation of a Supreme Court directive allowing voters deleted from the Absent/Shifted/Dead/Duplicate list to use an enumeration form and/or Form 8 to be included in the voter list. In a letter to Chief Election Commissioner Gyanesh Kumar, petitioner Anjali Bharadwaj said the Supreme Court had observed during the hearing that requiring voters deleted during the SIR to submit Form 6, which contains a first-time voter declaration, was an error.
Because the form includes a declaration that they are first-time voters, the clarification comes amid concerns that voters re-enrolling through Form 6 could face penal provisions under electoral law. Because an elector had appeared in a previous electoral roll and submitted Form 6 during the SIR or afterwards, the ECI’s letter directed that Electoral Registration Officers (EROs) should not initiate action under Section 31 of the Representation of the People Act, 1950, merely. Because they had shifted residence should be allowed to submit Form 8, the statutory form for change of residence or correction, bharadwaj said the court had orally directed that voters deleted.
Election Commission of India & Ors. (W.P. (C) No. This applies provided the elector is not already enrolled in another Parliamentary or Assembly constituency and the declaration is otherwise in accordance with the law. Ms.
The ECI said the clarification was in line with a Delhi High Court ruling in Nilotpal Datta & Anr. v. The judges had described it as a “structural incongruity”. “The Court also said that the 11.73 lakh deleted voters, who were marked absent/untraceable, should be permitted to fill enumeration forms even at this stage and not be forced to enrol as new voters using Form 6,” the letter said.
