Stories
Bombay High Court Questions ECI Over Voter Deletions During Goa SIR Process
- •The Bombay High Court at Goa questioned the ECI regarding the deletion of eligible voters during the Special Intensive Revision process.
- •The court highlighted a Catch-22 situation for voters who changed addresses and faced hurdles when submitting Form 8 or Form 6.
- •Judges questioned the requirement of making voters submit enumeration forms containing declarations linked to their previous addresses.
- •The ECI defended the mandatory nature of pre-filled enumeration forms under SIR guidelines, warning that non-submission leads to exclusion.
Key Questions Answered
The Bombay High Court questioned the Election Commission of India over the deletion of eligible voters during the ongoing Special Intensive Revision (SIR), asking what purpose the entire exercise serves if qualified citizens are ultimately excluded from the electoral rolls. The court addressed this while hearing a petition filed by Paresh Salgaoncar and his family members whose voter names were deleted after un-processed address change applications.
Voters who changed addresses face a dilemma because submitting Form 6 for fresh inclusion could involve an inaccurate declaration since they are already enrolled elsewhere, whereas Form 8 applications may not be processed without a pre-filled enumeration form requiring a declaration linked to their previous address. The court noted this forces citizens into making false declarations or leaves them without a proper administrative remedy.
Represented by advocate Gaurish Agni, the ECI maintained that submitting pre-filled enumeration forms is mandatory under the guidelines governing the Special Intensive Revision, and voters failing to submit them are liable to be excluded from the draft roll. However, the Bombay High Court questioned whether these procedural guidelines can override the legal safeguards and remedies available under the Registration of Electors Rules, 1960.
