‘Indefeasible right to be a part of election process’: Gujarat HC rules in favour of man whose name ‘deleted’ during SIR

Wait 5 sec.

Although the counsel appearing for the state and the election commission submitted that the rules of the Act "specifically bars the nodal officer from making any addition or alteration or modification in the final list of the electorates" 10 days before the last day of filing of the nominations-- which was April 11.The Gujarat High Court on Tuesday directed the State Election Commission to include the name of an Ahmedabad-based petitioner, whose name was deleted during the Special Intensive Revision (SIR) undertaken across the country, into the electoral list scheduled to be published on April 10, a day ahead of the last date of filing of nominations for the upcoming April 26 civic body polls.The HC quashed and set aside an April 4 order of the Election Officer refusing to include the name of the petitioner in the upcoming rolls.A Division Bench of Justice NSS Gowda and Justice J L Odedra of the Gujarat High Court was hearing a petition by Ahmedabad-resident J B Patel, through his advocate KH Mistry, challenging the April 4, 2026, endorsement of the Electoral Officer, who refused to include his name in the electoral roll, following the deletion during the SIR activity conducted earlier this year.The petitioner submitted that the authorities cited the ‘rules’ of the Bombay Provincial Municipal Corporation (Registration of Electoral Votes) Rules, 1994, to “refuse to incorporate his name in the upcoming list” of April 10, although his request to be included in the Assembly constituency electoral roll had been accepted on March 3. The State government, State Election Commission, Additional Voter Registration Officer and Deputy Municipal Commissioner (North Zone) are respondents in the case.Patel’s  advocate Chitrajeet Upadhyay submitted that his name was included in the electoral roll updated in December 2021 for the Assembly polls held the following year.The court order notes that since he had shifted his residence, his name came to be deleted during the course of the Special Intensive Revision (SIR) of the electoral rolls of the Legislative Assembly conducted earlier this year. The petitioner submitted to the court that he had made an application to include his name in the electoral roll on February 8.The court order notes that on February 17, the Chief Electoral Officer published an electoral roll in which the name of the petitioner was not found. The petitioner then filed an application on March 3, for the inclusion of his name in the electoral roll was accepted by the Electoral Registration Officer under the provisions of the Representation of People’s Act, 1950.Story continues below this adThe petitioner’s advocate submitted that though his application was accepted and the final electoral list is to be published on April 10, the petitioner’s name did not appear in the list of voters in the preliminary list of the electoral roll that was issued on March 23. This, the court order notes the submissions, was due to the fact that the petitioner’s name was deleted ahead of the February 17 list that was published by the Election Commission of India– this list of February 17, as per the rules of the Act is the basis of the electoral roll that will be published on April 10.Upadhyay submitted that Patel is aspiring to contest the upcoming polls for the Ahmedabad Municipal Corporation as a candidate of a political party. Upadhyay submitted that as per the Rules of the Act, “as the name of the petitioner has been ordered to be included in the Assembly Constituency prior to the period of 10 days of the filing of nominations for the upcoming polls”, he had an “indefeasible right to  be a part of the election process and he would have a right to be in the electoral roll and cast his vote and even to participate in the election.”Although the counsel appearing for the state and the election commission submitted that the rules of the Act “specifically bars the nodal officer from making any addition or alteration or modification in the final list of the electorates” 10 days before the last day of filing of the nominations– which was April 11.The court order states, “(The petitioner) submits that the mere delay in the publication of the revised list, which is scheduled to be published on (April 10), cannot be the reason for (not) including his name… in our view, it would be appropriate to direct the authorities to consider the petitioner’s name as having been included by virtue of the order dated (March 3) and permit him to participate in the election, which is scheduled on (April 26).”Story continues below this adThe court also considered that Patel’s petition had been accepted on March 3 and further said, “…the right of a citizen to participate in the election cannot be denied… a formal publication of the list (on April 10) cannot result in denial of the right of the petitioner to participate in the electoral process. It is to be borne in mind that every resident of the local self-government has a right to participate in the electoral process and the only condition is that he should be on the electoral roll.”The court quashed and set aside the April 4 order refusing to include the petitioner’s name in the electoral roll and said that although the electoral roll is governed by rules, “once the electoral roll of the Assembly Constituency is corrected, the benefit of the same should be given to the petitioner by incorporating his name in the final list…” Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read MoreStay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Gujarat High Court