Congress Leaders Petition Gujarat High Court Over Alleged Voter List Irregularities
In a significant legal move, two Congress leaders from Surat have approached the Gujarat High Court, urging it to direct the Election Commission to strictly adhere to electoral rules and prevent the immediate deletion of voters' names during the Special Intensive Revision (SIR) process. The petition, filed by Vipul Udhnawala and Vinod Patil through advocate Zameer Shaikh, highlights concerns over procedural lapses that could impact voter rights across the state.
Allegations of Rule Violations in Voter Registration
The petitioners have alleged that officials involved in the SIR are not following the mandatory procedures outlined in the Registration of Electors Rules, 1960. Specifically, they claim that officers have been deleting voters' names after receiving objections under Rule 13(1) in Form 7, without providing the affected individuals an opportunity to be heard. This omission, according to the petition, violates the legal requirement to display such names on notice boards and allow for a fair hearing process.
Furthermore, the petition contends that even in cases of suo motu objections by officials, the same procedural safeguards are being ignored. The leaders argue that this lack of adherence to statutory rules is widespread across Gujarat, potentially disenfranchising numerous voters.
Mass Objections and Lack of Documentation
The Congress leaders also raised issues regarding the nature of the objections submitted during the SIR. They alleged that BJP workers have been filing mass objections across the state without providing necessary documentary proof or complying with statutory rules. This, coupled with the officials' failure to follow due process, has led to the removal of names without giving citizens a chance to defend their inclusion in the electoral rolls.
In support of their case, the petitioners cited a Supreme Court observation, which states that if a person's name appears on the draft electoral roll, there is a legal presumption of Indian citizenship, and the burden of proof lies on the individual filing an objection under Form 7. This underscores the importance of proper procedure in voter list revisions.
Implications for Voter Rights and Legal Proceedings
The petition emphasizes that if statutory rules are not strictly followed during the SIR, the rights of every voter in Gujarat could be at risk. The leaders have prayed for directions to the authorities to ensure compliance with electoral laws, aiming to safeguard democratic processes. The case is expected to come up for a hearing in the near future, with potential implications for how voter lists are managed in the state.
This legal action highlights ongoing tensions in electoral administration and underscores the critical need for transparency and adherence to legal frameworks in maintaining voter integrity.
