2 hrs ago
Bombay High Court Questions Voter Exclusion Under SIR Draft Roll
The Bombay High Court’s Goa bench heard a case about people left off a draft voter list.
The case was brought by Paresh Salgaonkar and members of his family.
The judges said this could create a “catch-22.”
A person might be unable to ask for help because their name is missing from the draft list.
The court said the Election Commission should consider the existing voter list too.
It also said eligible voters should not be left out.
The Election Commission’s lawyer said its guidelines provide for an earlier roll that remains in force.
The court was set to hear more arguments on Tuesday.
The Bombay High Court’s Goa bench said voters omitted from the Special Intensive Revision draft roll could face a “complete catch-22.”
The judges questioned how excluded voters could seek a remedy if the Election Commission of India did not refer to the existing rolls.
The case was brought by Goa resident Paresh Salgaonkar and family members who were left out of the electoral rolls during the revision.
The court said an eligible voter should not be denied a hearing or effectively removed from the existing roll because their name is absent from the draft roll.
The Election Commission’s lawyer said its guidelines provide for an earlier roll that remains in force; the hearing was due to continue Tuesday.
- Who
- The Bombay High Court’s Goa bench, the Election Commission of India, and petitioners including Goa resident Paresh Salgaonkar.
- What
- The court questioned how voters omitted from the SIR draft roll can seek a remedy and said eligible voters should not be left out.
- Where
- The Bombay High Court’s Goa bench.
- When
- The court made the observations on Monday; arguments were due to continue on Tuesday.
- Why
- The petition concerns voters left out of the electoral rolls during the Special Intensive Revision and how they can challenge their exclusion.
Court’s concerns
Election Commission’s position
Which roll should guide a remedy?
Court’s concerns
The court said the existing roll must be considered and questioned how an excluded voter could seek a remedy if the process refers only to the draft roll.
Election Commission’s position
The Election Commission’s lawyer said its guidelines provide for an earlier roll that remains in force.
Handling voters who have moved
Court’s concerns
The court said a voter should not be refused a hearing because the system does not allow it when the voter’s name is absent from the draft roll.
Election Commission’s position
The Election Commission’s lawyer argued that a person moving between constituencies can seek transfer to the current segment using Form 8.
Key facts
- Proceeding
- Writ petition hearing
- Revision process
- Special Intensive Revision (SIR)
- Petitioners
- Goa resident Paresh Salgaonkar and family members
- Bench
- Division Bench of Justices Valmiki Menezes and Amit Jamsandekar
- Court’s concern
- Voters missing from the draft roll may have difficulty obtaining a remedy if the existing roll is not considered.
- Election Commission position
- Its lawyer said the guidelines provide for an earlier roll, which remains in force.
- Next step
- The court was to continue hearing arguments on Tuesday.
Quotes
Bombay High Court bench
Division Bench of Justices Valmiki Menezes and Amit Jamsandekar hearing the petition
“Everything must be seen for the existing roll. Otherwise, the voter has absolutely no way out of this. It’s a complete catch-22 situation for him.”
telegraphindia.com
“You can’t tell him, ‘I will not hear you because the system doesn’t allow you because he is not on the draft roll’”
telegraphindia.com
Sources
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