It is a complete Catch-22 situation for voters: Bombay High Court questions rejection of Form 8 during SIR

Advocate Gauresh Agni, appearing for the ECI, argued that an intensive revision under Section 25(2) of the Representation of the People Act, 1950, requires preparing rolls completely afresh, automatically excluding those who don’t get the enumeration forms. 

“Whoever is not given the enumeration form, the name has to go off the draft role and if you are not in the draft role, there is no entry which can be transferred to another place,” Agni argued. 

On the issue of notice requirement, Agni said that the ECI had posted notices on public boards:

“There is a notice put up even on the notice board because the voters’ fresh details may not be available with us before removal. There were instances where people had shifted, there were no details of where they have shifted available,” Agni clarified.

The Bench rejected the argument, saying: 

“Draft role will not come in picture until the SIR is complete. Here the SIR is not complete. You are in the process.”

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