Bombay High Court at Goa reserves verdict on plea challenging deletion of six family members from electoral rolls after rejection of address change forms (Representational Image)The High Court of Bombay at Goa on Tuesday reserved verdict in a petition where names of six members of a family in the state had been deleted from the electoral rolls after their Form 8 applications for a change of address were rejected.Senior Advocate Ashutosh Kumbhakoni, appearing for the Election Commission of India (ECI), told the court that non-appearance of a name in the draft Special Intensive Revision (SIR) does not mean ‘deletion’ at all.“…since the electoral roll is being prepared afresh, there is no electoral roll from which a name can get deleted. It only means non-inclusion in the electoral roll. That is only a draft to be finalised after following the due process of receipt and decisions on the suggestions and objections. Thus, such non-inclusion in the draft SIR necessitates following of due process by the elector for the inclusion,” he said.The Election Commission pointed out the difference between the Special Summary Revision (SSR) and the Special Intensive Revision (SIR). “The SIR is an extraordinary, comprehensive mechanism for de novo intensive revision of electoral rolls…Unlike the routine SSR that merely updates an existing active roll, Rule 25(2) of the RER [Registration of Electors Rules], 1960 categorically mandates that where a roll is revised intensively, the process of SIR…it must be prepared afresh from the ground up. A core feature of the SIR is that the Electoral Roll is prepared de novo (afresh),” the counsel for EC said.“The Booth Level Officers (BLOs) visit every household and collect enumeration forms, usually pre-filled with details from the existing roll. The existing roll serves only as a reference base. Under the SIR, the existing roll is not carried forward automatically, unlike the SSR. The draft electoral roll is built only from those who are enumerated. A name enters the new draft electoral roll only if the elector’s enumeration form is submitted. The draft, therefore, contains only those who have been enumerated,” he said.The counsel submitted that since the existing roll is not carried forward, a person whose name does not appear in the draft electoral roll has no standing entry to fall back on. “To be included in the final electoral roll, that person must file Form 6, along with the prescribed declaration and supporting documents, during the claims and objections period. A final roll is then published once these claims and objections have been decided. In effect, such a person is treated as a new applicant, a new voter…for the roll in issue. The fact that the name was on the earlier roll does not by itself secure a place in the new one,” he added.The EC submitted that for eight to 10 years, the petitioner had not been staying at the place where the original pre-SIR rolls were showing his address. “If he was not staying there for eight to 10 years, he should have filed an application before starting of SIR to shift his address within that constituency, which he did not do. What the petitioner is saying is that I have filled in Form 8. The Form 8 is obviously for shifting your existing entry from one place to another, or for correction in respect of your entry in the electoral roll. If your entry is not there in the electoral roll, which is prepared afresh as a result of SIR, how can that form keep helping?”Story continues below this adA division bench of Justices Amit S Jamsandekar and Valmiki Menezes asked the EC why Form 8 is not accepted during the process of SIR. “That is what we are trying to understand. We are quite clear in our minds that we are not dealing with the process of SIR,” the bench said.The EC counsel replied, “The simple reason is that when the SIR process is on, we are in the process of preparing afresh, de novo, which starts from ground up. Therefore, there is no question of filling in Form 8 at the stage when the SIR is on. Before the SIR was on, yes, Form 8 could be filled in because there was a reference list which could be updated.”The petitioners – Paresh Salgaoncar and five members of his family – had moved to a new house in the same Santa Cruz Assembly constituency at least eight years ago and were instructed by the booth-level officer (BLO) to submit Form 8 for change of address. The petitioners submitted that the Assistant Electoral Registration Officer informed them that their EPICs (Electors Photo Identity Cards) had been deleted from the rolls and consequently, their Form 8 applications could not be processed.The only recourse available was to submit Form 6 (which is for new voters) since there was no option in ERONET for reviewing or restoring the deleted EPICs. Pavneet Singh Chadha is the Goa Correspondent of The Indian Express. His reporting focuses intensely on the state of Goa, covering major developments in politics, governance, and significant local events, which establishes his high degree of Expertise and Authority in the region. Expertise Geographic Expertise: As the Goa correspondent, Pavneet provides on-the-ground, comprehensive coverage of Goa's political, social, and cultural landscape, ensuring readers receive timely and localized insights. Key Coverage Focus: His recent work demonstrates deep investigative capabilities and a focus on high-impact stories, including: Investigative Reporting: Extensive coverage of complex events such as major incidents (e.g., the Goa nightclub fire), tracing the legal, political, and safety lapses involved. Government and Law Enforcement: Detailed tracking of police actions, deportations, and legal proceedings related to significant local cases. Policy and Governance: Reporting on the judiciary (e.g., Goa High Court flagging illegal structures) and the actions of government departments. He tweets @pub_neat ... Read More