'If...citizens are excluded, what is purpose?': Bombay HC on SIR
What's the story
The Bombay High Court has questioned the Election Commission of India(ECI) over the removal of Indian citizens from electoral rolls. The court was hearing a case involving Paresh Salgaonkar and his family, who were deleted from Goa's electoral rolls despite being Indian citizens. "If by this process (special intensive revision or SIR), citizens are excluded, then what is the purpose of this mandate," the two-judge bench of Justices Valmiki Menezes and Amit Jamsandekar asked ECI.
Legal scrutiny
SIR process should verify if voters are Indian citizens
The court emphasized that the SIR process should verify if voters are Indian citizens, not just their presence at a specific location.
It reminded the ECI of its constitutional duty under Rule 21 of the Registration of Electors Rules, 1960.
The judges said that this rule should be applied to existing rolls and not draft rolls, putting voters in a "Catch-22 situation."
Legal debate
ECI defended its actions
The ECI defended its actions, saying notices were published on notice boards as fresh voter details might not be available.
Agni, the counsel for the ECI, said Form 8 couldn't be processed for those whose names were deleted from draft rolls without filling enumeration forms.
The court countered that Form 8 is meant to correct draft rolls and include voters' names.
Voter inclusion
Court seeks enumeration forms, annexures for further review
The court also questioned why a person who has moved areas needs to fill Form 6 to declare their name in a new place.
It argued that such declarations could lead to false statements and prosecution risks.
The judges said no voter would sign such declarations and asked the ECI to submit enumeration forms and annexures for further review.