Bombay HC questions ECI over deletion of voter names during SIR; points to rule on roll

The Bombay High Court in Goa raised questions for the Election Commission of India (ECI) over the deletion of names during Special Intensive Revision (SIR). The court emphasized that the current electoral roll remains valid until the draft roll is finalized under the Registration of Electors Rules, 1960. A Division Bench with Justices Valmiki Menezes and Amit Jamsandekar was hearing a case filed by the Salgaonkar family, who claimed their names were removed from the draft electoral roll despite submitting Form 8 to update their address.

The court stated that the Supreme Court has mandated the ECI to ensure citizens of India are included in the voter list. The court questioned the ECI's obligation in light of this ruling and asked why the SIR process could not be used to include citizens whose names had been removed from the list. The court also noted Rule 12, which provides for objections, and questioned why citizens couldn't submit Form 8 instead of an enumeration form.

The ECI argued that voters must submit enumeration forms to be included on the draft voter list. However, the court observed that the enumeration form requires a citizen to declare they continue to reside at the address currently listed on the electoral roll, which conflicts with fact. The court stated that the ECI cannot compel a citizen to sign a conflicting declaration.

If a voter has changed residence, the court noted, the ECI cannot demand the enumeration form, and a voter can simply submit Form 8 if their name remains on the current list. The court also questioned the ECI's practice of deleting names during SIR for not submitting an enumeration form. The court remarked that the SIR process cannot be used to disregard the current electoral roll and that the enumeration form was not in use in the country's history.