Bombay High Court declines to stay deletion of names from voters’ list in Maharashtra
The Bombay High Court on Monday, October 5, 2026, refused to stay the deletion of names from Maharashtra’s electoral rolls during the ongoing Special Intensive Revision (SIR) and said it would abide by the Supreme Court’s directives on the subject. The bench also noted that the apex court is already seized of challenges to the SIR process and that parallel proceedings before High Courts would be inappropriate.
Background
The matter arose from a petition seeking greater transparency in the methodology adopted for the Special Intensive Revision of electoral rolls and clarity on the legal basis for the exercise. The petitioner submitted that the intention was not to halt the SIR outright, but to ensure safeguards were in place to prevent eligible voters from being excluded from the lists.
The plea further contended that while the Election Commission of India (EC) possesses authority to make election-related assessments, it does not have the power to determine questions of citizenship. It also sought restoration of names that had already been deleted, alleging procedural departures in the ongoing enumeration.
Proceedings and the court’s stance
A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard the matter. During the hearing, the court was informed that the Supreme Court had, in November 2025, restrained all High Courts from entertaining petitions that challenge the validity of the Special Intensive Revision or aspects of its process. Taking note of this, the bench observed that the Supreme Court is already considering challenges to the SIR and that pursuing parallel litigation in the High Court would serve no purpose.
In line with that position, the bench declined to pass interim orders restraining the deletion of names from the voters’ list while the SIR continues. The court stated that it would follow the Supreme Court’s directive in matters connected to the current revision of electoral rolls.
Petitioner’s concerns and allegations
Advocate Prakash Ambedkar, appearing for the petitioner, urged the court to direct authorities not to remove names from the voters’ list at this stage of the revision. The bench declined this request.
The petition argued that instructions issued by the Election Commission for Maharashtra do not permit the collection of documents during enumeration. However, it alleged that booth-level officers had, in practice, demanded documents from individuals when receiving enumeration forms. The plea sought both clarity on this aspect and steps to prevent wrongful exclusions that might result from such deviations.
Next steps
After declining interim relief, the court adjourned the hearing for four weeks. In the meantime, the Special Intensive Revision of electoral rolls in Maharashtra will continue without a stay on deletions, subject to the overarching directives and ongoing proceedings before the Supreme Court.
Significance
The High Court’s decision underscores the primacy of the Supreme Court’s ongoing consideration of the SIR process and delineates the scope of High Court intervention during that pendency. The case will return to the Bombay High Court after four weeks for further hearing on the petitioner’s concerns regarding transparency, safeguards against wrongful exclusions, and the procedures followed by officials during enumeration.
