On Tuesday, the Gujarat High Court instructed the State Election Commission to reinstate the name of a petitioner from Ahmedabad, who had been removed during the nationwide Special Intensive Revision (SIR) of electoral rolls, into the voter list that is set to be published on April 10. This date is significant as it falls just one day prior to the deadline for submitting nominations for the civic body elections scheduled for April 26.
The High Court annulled an order from April 4 issued by the Election Officer, which had denied the inclusion of the petitioner’s name in the forthcoming electoral rolls.
A Division Bench comprising Justice NSS Gowda and Justice J L Odedra reviewed the case brought forth by J B Patel, a resident of Ahmedabad, represented by attorney KH Mistry. Patel contested the April 4 decision that led to his name’s omission from the electoral roll following the SIR conducted earlier this year.
Patel argued that the authorities referenced the Bombay Provincial Municipal Corporation (Registration of Electoral Votes) Rules, 1994, to justify their refusal to add his name to the electoral list set for April 10, despite the fact that his request to be included in the Assembly constituency electoral roll was approved on March 3. The case involves responses from the State Government, the State Election Commission, the Additional Voter Registration Officer, and the Deputy Municipal Commissioner (North Zone).
Patel’s attorney, Chitrajeet Upadhyay, highlighted that Patel’s name had been part of the electoral roll updated in December 2021 for the Assembly elections held the following year.
The court noted that Patel’s name was removed after he changed his residence during the SIR of the Legislative Assembly electoral rolls carried out earlier this year. Patel informed the court that he had applied to have his name re-added to the electoral roll on February 8.
According to the court’s findings, on February 17, the Chief Electoral Officer published an electoral roll that did not include Patel’s name. Following this, he filed an application on March 3, which was accepted by the Electoral Registration Officer in accordance with the Representation of People’s Act, 1950.
Despite his application being accepted and with the final electoral list due for publication on April 10, Patel’s name was absent from the preliminary voter list released on March 23. The court remarked that this exclusion was due to his name being deleted before the February 17 list published by the Election Commission of India, which serves as the foundation for the electoral roll to be published on April 10.
Upadhyay argued that Patel intends to run for a position in the Ahmedabad Municipal Corporation as a party candidate. He asserted that since Patel’s name was ordered to be included prior to the 10-day deadline for filing nominations, he possesses an “indefeasible right” to participate in the electoral process, including voting and candidacy.
While representatives for the state and the election commission contended that the Act’s rules prevent any modifications to the final electoral list within 10 days leading up to the nomination deadline of April 11, the court countered this argument.
The court stated, “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 his exclusion… it is appropriate to direct the authorities to consider the petitioner’s name as included by virtue of the order dated March 3 and allow him to participate in the election scheduled for April 26.”
Additionally, the court emphasized that Patel’s application had been approved on March 3 and highlighted that “the right of a citizen to participate in the election cannot be denied… a formal publication of the list (on April 10) cannot lead to the denial of the petitioner’s right to engage in the electoral process. It is essential to acknowledge that every local self-government resident has the right to participate in the electoral process, with the only stipulation being their presence on the electoral roll.”
The court ultimately overturned the April 4 decision that had denied Patel’s inclusion in the electoral roll, asserting that while electoral rolls are regulated by rules, “once the Assembly Constituency electoral roll is amended, the petitioner should benefit from this correction by having his name added to the final list…”
Aditi Raja serves as an Assistant Editor with The Indian Express in Vadodara, Gujarat, boasting over two decades of experience in journalism. Since 2013, she has been covering issues in Central Gujarat and the Narmada district, establishing her as a credible source on regional politics, governance, and significant socio-economic and environmental matters.
