Source Live law
In a major relief for everyday citizens, the Goa bench of the Bombay High Court has directed the Election Commission of India (ECI) to restore six members of a family back onto the voter list within 10 days.
The family members found their names struck off the final electoral roll despite doing everything by the book when they moved to a new home.
How a Routine Address Change Went Wrong
The petition was filed by Paresh Vasant Salgaonkar and five of his family members from the Santa Cruz Assembly constituency in North Goa. Salgaonkar has been a registered voter and casting his ballot regularly since 1995.
When the family shifted residence, they submitted Form 8—the official application used by registered voters to update their address.
However, during the state’s Special Intensive Revision (SIR) exercise, the election machinery prepared a fresh draft roll. Because the family was not physically enumerated at their old house, election authorities automatically rejected their Form 8 requests and struck their names off the roll entirely.
The ‘Catch-22’ Trap for Genuine Citizens
Instead of accepting their address updates, election officials insisted the family apply as brand-new voters using Form 6.
The division bench, comprising Justice Valmiki Menezes and Justice Amit Jamsandekar, criticized this automated and mechanical rejection process. The judges pointed out that forcing already-registered voters onto Form 6 puts them in an unfair trap: Form 6 requires applicants to declare that they are not enrolled anywhere else, effectively pushing genuine voters to make misleading claims just to stay registered.
The court stressed that instead of tossing out Form 8 requests, the commission should hold them for residential verification so that ordinary people are not stripped of their democratic rights.
No Delays Allowed
The Election Commission asked the court to put the proceedings on hold because broader challenges regarding the SIR drive are pending before the Supreme Court. The poll body also sought a two-week stay on the ruling to file an appeal.
The High Court firmly turned down both requests.
“No stay. How can we grant a stay on including names of voters in the list!” the bench remarked, emphasizing that the primary duty of election authorities is to safeguard the vote, not push eligible citizens away.
The booth-level officer (BLO) has been given a strict 10-day deadline to verify the family’s residence and re-enter all six names into the voter rolls.
