Panaji. The Bombay High Court has expressed strong objection to the process of the Election Commission regarding the Special Intensive Revision (SIR) of the voter list. During the hearing of the case of removal of names of six members of the same family from the voter list in Santa Cruz area of Goa, the court raised the question whether the technical system of any software can be above the law and rules. The court made it clear that the electoral process will be conducted as per the law and not as per the limitations of any software.
Case reached High Court due to removal of names of six members
The matter is related to a family from Santa Cruz. Six members of the family had submitted Form-8 to give information about change in their address. Despite this, their names were removed from the voter list during the SIR process. During the hearing, it was told by the Election Commission that the system did not allow processing of Form-8 at the enumeration stage of SIR.
'Opportunity for hearing is necessary before removing name'
The court questioned under what legal provision such a step can be taken without giving an opportunity to a voter to present his/her case before removing his/her name. The court also directed the concerned Electoral Registration Officer (ERO) to remain present during the hearing of the case.
Court raised questions on software system
The High Court said that if the software prevents an officer from exercising the authority received under the law, then the officer cannot be helpless in front of that technical system. According to the court, ERO should have the ability to make necessary changes in the voter list as per its orders.
Question on option of filling Form-6 also
It was told by the Election Commission that the names of some voters were included in the list again through Form-6. But the concerned family was also asked to fill Form-6, whereas it claimed that it had already submitted Form-8 for change of address.
On this, the court raised the question that when the system was not processing Form-8 during SIR, then why were the affected voters expected to fill Form-6 as new voters.
SIR cannot be considered a separate process from law
The High Court said that SIR cannot be seen as such a separate system in which the normal legal provisions related to voter list become ineffective. Referring to the Representation of the People Act and related rules, the court said that the process of amending the voter list should be within the ambit of law.
'How many more such voters would have been affected?'
The court also expressed concern that while six people have faced trouble in this case, it is possible that there may be more voters who have not been able to reach the court. The next hearing of the case has been scheduled for October 7. The Election Commission says that the process of removing names during SIR was done on the basis of prescribed system and inputs received from booth level officials.