Bombay High Court: Removing elector's name without hearing denies right to vote
GS2Polity · Governance · IR· Elections, ECI & electoral reforms· Prelims + Mains·
Why in news
The Goa bench of the Bombay High Court ruled that removing an elector’s name from the roll without a hearing violates the right to vote and ordered the Election Commission of India to restore six names.
Background
The court held that Section 22 of the Representation of the People Act, 1950 and Rule 13 of the Registration of Electors Rules, 1960 require an Electoral Registration Officer (ERO) to provide a show-cause opportunity before deletion. The Bench distinguished Form 6 (new inclusion) from Form 8 (shift of residence/correction of entries).
Facts for Prelims
- Act / BillRepresentation of the People Act, 1950: Section 22 governs the deletion of names from the electoral roll.
- Act / BillRegistration of Electors Rules, 1960: Rule 13 and Rule 21A mandate show-cause opportunities for voters.
- FactForm 8: Used by voters already on the roll for shifting residence or correcting entries.
- FactForm 6: Used for first-time inclusion requiring a declaration that the name is not on any other roll.
- BodyERO: Electoral Registration Officer is the authority responsible for deciding Form 8 applications.
For Mains
Q. Examine the importance of procedural safeguards in electoral roll management to ensure the constitutional right to vote.
Dimensions to cover in your answer
- Due process: Mandatory show-cause notice ensures administrative actions do not arbitrarily disenfranchise citizens.
- Procedural clarity: Distinction between Form 6 and Form 8 prevents administrative hurdles for voters shifting within constituencies.
- Judicial oversight: High Court intervention ensures the Election Commission adheres to statutory mandates during Special Intensive Revisions.
Keywords: Right to Vote · Representation of the People Act · Due Process · Electoral Roll · Administrative Law · Show-cause Notice
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