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Bombay High Court Rebukes Election Commission Over “Software-First” Special Intensive Revision

By Drooid · · How we work

Core Event

A division bench of Justices Amit S Jamsandekar and Valmiki Menezes (Bombay High Court, Goa bench) held that the Election Commission of India (ECI) cannot rely on a draft electoral roll generated by its ERONET/ECINET software to delete voters without following the Representation of the People Act 1950 and the Registration of Electors Rules 1960. The petition was filed by six members of the Salgaonkar family, whose names were removed from the Goa voter list after they submitted Form 8 to change address during the Special Intensive Revision (SIR).

Background & Context

SIR is a nationwide clean-up of electoral rolls that the ECI may order under Section 21(3) of the Representation of the People Act 1950. It involves fresh enumeration and a claims-and-objections phase. The current round began on July 31, 2026 and has been extended in several states. Critics say the centralized ERONET/ECINET platform limits the statutory powers of Electoral Registration Officers, who are empowered to hear each case.

Timeline

  • July 31, 2026 – SIR launched in Andhra Pradesh (notice phase).
  • August 13, 2026 – Election Commissioner Sukhbir Singh Sandhu called software-driven Form 6 changes “unauthorised and illegal.”
  • September 23, 2026 – Indian Express reported commissioners’ objections to the software.
  • September 29, 2026 – High Court reprimanded the ECI over the Goa family deletions.
  • October 5, 2026 – Hearing scheduled on a separate Maharashtra petition.
  • October 10, 2026 – Extended deadline for claims-and-objections in Andhra Pradesh.
  • October 16, 2026 (scheduled) – Publication of final rolls in Andhra Pradesh.
  • October 26, 2026 (scheduled) – Publication of final rolls in Meghalaya.

Data & Statistics

  • Six Salgaonkar voters were deleted despite filing Form 8.
  • In Maharashtra, the draft roll removed 21.1 % of electors; a petition alleges 2.1 crore names could be deleted.
  • In Goa, 97 electors were later found eligible, but the software did not allow their restoration; 81 subsequently filed Form 6.

Official Statements & Responses

Following the court’s criticism, the ECI extended the SIR schedule in Andhra Pradesh and Meghalaya, moving the final-roll publication dates to October 16 and October 26, respectively.

Criticism & Opposition

The Bombay High Court described the software-driven deletions as a “mistake on your part” and questioned how the Commission could “override the law.”

On-the-Ground Reports

Petitioner Paresh Salgaonkar said that after moving within the Santa Cruz constituency, he and his family submitted Form 8 as instructed. The ERONET system showed no EPIC record, offered only a “reject” option, and then informed them that their EPICs had been deleted, forcing them to file Form 6—a form meant for first-time voters.

Conflicting Reports & Gaps

The court emphasized that a draft roll cannot be the basis for deletion, yet EC data show thousands of names were removed in draft rolls across multiple states. While the Commission claims unanimous internal approval of SIR orders, senior commissioners have documented at least 14 objections over ten months, suggesting procedural gaps.

What’s Next

The Bombay High Court has set October 5, 2026 for a hearing on the Maharashtra petition seeking transparency on the SIR methodology. The Supreme Court has also agreed to hear a separate petition challenging the legality of the nationwide SIR and the powers of Chief Election Commissioner Gyanesh Kumar. Both cases are expected to shape the balance between digital electoral management and statutory voter-protection safeguards.