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EC allays fear of prosecution over previously-enrolled voters filing Form 6 meant for fresh voters

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Voters missing from draft electoral rolls despite having been enrolled earlier can apply afresh through Form 6 without the fear of prosecution, the Election Commission has told the Supreme Court.Taking note of the top court’s suggestion to reach out to the left out ASDD (Absent, Shifted, Dead, or Duplicate) voters for inclusion in electoral rolls, the poll panel said chief electoral officers have been asked to give wide publicity to the said clarification.In an affidavit filed in the court, the poll panel said, “The Commission remains committed to its constitutional duty of ensuring the purity of the election process.”“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, on account of the fact that they were enrolled as voters in the previous electoral roll(s),” it submitted.“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 grounds 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 EC said.On November 6, the poll panel issued directions to the chief electoral officers of the states/UTs where the SIR was on, it said, adding they have been asked to allow voters to submit the duly-filled Enumeration Form (Annexure A) to the ERO or the AERO or the 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,” the poll panel said.A mechanism has also been directed to be put in place to ensure that no elector is deprived of the opportunity to get his name included in the final electoral roll, subject to the fulfilment of the prescribed eligibility conditions, while taking due care to avoid duplication in enrolment, it added.“There are challenges on account 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 the relevant orders were approved unanimously by all three members of the commission.It had also rejected the allegations that Form 6 was amended and asserted that no changes were made to the statutory Form 6 used for voter registration.

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