Bombay HC Says Immediate Voter Enrolment After Turning 18 Will ‘Open Floodgates’; Directs Officer To Decide Applicant’s Plea In 6 Weeks

Mumbai: The Bombay High Court on Thursday observed that allowing every individual to immediately submit voter enrolment applications upon turning 18 would burden authorities with verification work and “open the floodgates.”

Petition By 18-Year-Old

A bench of Justices Riyaz Chagla and Farhan Dubash said a person who has turned 18 would be included whenever the electoral roll is revised and directed the Electoral Registration Officer to decide within six weeks on the application of an 18-year-old woman seeking to be enrolled as a voter in Mumbai.

Case Background

Rupika Singh, who turned 18 in April this year, had approached the HC after her application for enrolment was rejected because the cut-off date for inclusion in the electoral roll in Maharashtra was October 1, 2024. The state assembly elections were held in November 2024.

Freedom To Vote Vs Right To Vote

Referring to a Supreme Court judgment, the bench said there is a distinction between the freedom to vote and the right to vote. “Once you turn 18, you have the freedom to vote. But the right comes only when the electoral list is revised by the authorities,” it said, adding that Singh was not eligible to vote as of October 2024 when the electoral roll was prepared.

Court’s Observation

The judges remarked that if every person began applying immediately after turning 18, “the authorities would be left verifying each application. This will open floodgates,” the court said.

Election Commission’s Submission

Senior counsel Ashutosh Kumbakoni, appearing for the Election Commission of India and the Chief Electoral Officer of Maharashtra, agreed to the court’s suggestion that the authorities would consider Singh’s plea. The bench then directed the Electoral Registration Officer to decide her application within six weeks and disposed of the petition.

Concern Over BMC Elections

In her plea, Singh contended that her fundamental right to vote was being violated and that without enrolment, she would be unable to participate in the upcoming Brihanmumbai Municipal Corporation (BMC) elections, pending since March 2022.

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Use Of Existing Voter List For Local Polls

Earlier this week, the Chief Electoral Officer announced that the state would adopt the electoral roll prepared as of October 2024 for the local body polls.

Kumbakoni told the court that since the same voters’ list used for the assembly elections would apply, Singh would not be eligible to vote in this year’s municipal polls. He added that electoral rolls are revised before every parliamentary or assembly election.

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