HC: Restore names of Goa family deleted during SIR
PANAJI, Nov. 6 -- The Bombay High Court at Goa on Thursday ordered the Election Commission of India to restore the names of Paresh Salgaonkar and his family of six members who were taken off the electoral rolls during the enumeration phase of the Special Intensive Revision (SIR) conducted between October and February this year and ordered the restoration of their names within 10 days.
Salgaonkar, a resident of the Santa Cruz constituency in Goa, approached the High Court challenging a decision by the District Election Officer's and Chief Electoral Officer's decision to reject form 8 (form for change of address of an elector) because it was filed after the SIR process was underway.
"We allow the petition and order the restoration of the names within ten days," the bench of Justices Valmiki Menezes and Amit Jamsandekar pronounced in open court on Thursday.
The counsel for the Election Commission of India sought a two-week stay to file an appeal, which the High Court rejected.
Salgaonkar and his six family members were removed from the Electoral Roll for allegedly having changed their address prior to the enumeration phase.
Instead, he was told that to have his name re- registered, he would have to submit Form 6, which is a form for registration of fresh electors.
The poll panel's lawyer, Senior advocate Ashutosh Kumbhakoni, had underlined in an earlier hearing that a voter who is not included in the draft roll "must file Form 6 be included in the final ER, along with the prescribed declaration and supporting documents, during the claims and objections period."
A name enters the draft roll only if the elector's enumeration form is submitted, the ECI's lawyer had said.
Salgaonkar however has refused to fill form 6 saying that doing so would amount to filing a false declaration stating that he's either a first-time voter or has shifted from another constituency. Neither of the two mandatory options were applicable in his case.
Salgaonkar in his petition had argued stating their names had been arbitrarily struck off from the electoral roles, in violation of rule 21 A of the Registration of Electors Rules, 1960 and section 22 of the Representation of the People Act, 1950.
The petitioners requested that the court direct the authorities to restore and include their names in the electoral roll of the Santa Cruz Assembly constituency at their new address.
The petitioners said that they moved to a new house in the same constituency prior to the commencement of the enumeration process of the Special Intensive Revision (SIR) and were instructed by the booth-level officer (BLO) to submit Form 8 for change of address....
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