Gujarat High Court: In a petition seeking to challenge an endorsement dated 4 April 2026 by which the electoral officer refused to include the petitioner’s name in the electoral roll after deletion following a Special Intensive Revision (SIR) of the electoral rolls, the Division Bench of N.S. Sanjay Gowda*, J.L. Odedra, JJ., held once the petitioner’s inclusion in the assembly electoral roll had been duly ordered prior to the preparation of the municipal list, such right could not be defeated on technical grounds or delayed publication, and accordingly directed that his name be incorporated, permitting him to participate in the election.
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Background
The petitioner’s name had been included in the electoral roll of a Legislative Assembly Constituency in 2021. Subsequently, upon shifting his residence, his name had been deleted during a SIR of the electoral rolls. The petitioner had applied for re-inclusion of his name on 8 February 2026.
On 17 February 2026, the revised electoral roll was published, and the petitioner’s name did not appear therein, as he was unavailable during the enumeration process and had relocated. Thereafter, on 3 March 2026, the Electoral Registration Officer accepted the petitioner’s application under the Representation of the People Act, 1950, and ordered inclusion of his name in the assembly electoral roll. However, the final revised roll incorporating such inclusion was yet to be published and was scheduled for publication on 10 April 2026.
Meanwhile, on 23 March 2026, a preliminary electoral list for municipal elections was prepared under Rule 4 of the Bombay Provincial Municipal Corporation (Registration of Electoral Voters) Rules, 1994 (1994 Rules) based on the assembly electoral roll published on 17 February 2026. As the petitioner’s name was not present in that roll, it was not included in the municipal electoral list.
The petitioner had subsequently approached the competent authority under the 1994 Rules seeking inclusion of his name, relying on the order dated 3 March 2026. However, the authority refused the request, citing Rule 6(4) of the 1994 Rules, which restricted alterations to the electoral list within ten days prior to the last date for filing nominations. Aggrieved, the petitioner challenged the endorsement before the Court.
The petitioner contended that once his application for inclusion had been accepted on 3 March 2026, he acquired an indefeasible right to be included in the electoral roll. It was argued that the delay in formal publication of the revised roll could not defeat this right. The petitioner further submitted that since the order of inclusion was passed prior to the preparation of the preliminary list on 23 March 2026, his name ought to have been incorporated in the municipal electoral roll, enabling him to vote and participate in the election process.
On the other hand, the respondent authorities contended that the preparation of the municipal electoral roll was strictly governed by Rule 4 of the 1994 Rules, which mandated reliance on the assembly electoral roll as published on 17 February 2026. It was further argued that Rule 6(4) of the 1994 Rules expressly prohibits any additions or modifications to the electoral list within ten days of the last date for filing nominations, which in the present case was 11 April 2026. Since the petitioner’s request fell within this restricted period, the refusal to include his name was justified.
The respondents also submitted that any interference at this stage would disrupt the electoral process and should therefore be avoided.
Analysis
The Court noted that the petitioner’s application for inclusion in the electoral roll had already been accepted by the competent authority on 3 March 2026. It observed that once such an order of inclusion had been passed, the petitioner’s right to participate in the electoral process could not be defeated on technical grounds. The Court rejected the reliance placed by the authorities on Rule 6(4) of the 1994 Rules, as well as on the publication of the preliminary list dated 23 March 2026, which had been prepared on the basis of the earlier electoral roll dated 17 February 2026.
The Court observed that the acceptance of the petitioner’s application effectively meant that his name stood incorporated in the electoral roll, notwithstanding the fact that the formal publication of the revised roll was scheduled for 10 April 2026. It held that the mere delay in such publication could not operate to deprive the petitioner of his right to participate in the electoral process.
Emphasising the fundamental nature of electoral participation, the Court observed that every eligible resident of a local self-government body had a right to participate in elections, subject only to the condition that their name appeared on the electoral roll. While acknowledging that the preparation and operation of electoral rolls were governed by statutory rules, the Court held that once a correction had been duly carried out in the assembly electoral roll, its benefit ought to be extended to the petitioner by incorporating his name in the municipal electoral list prepared under the 1994 Rules.
Decision
In view of the above, the Court directed the authorities concerned to insert the name of the petitioner in the electoral roll, in terms of the order dated 3 March 2026, and to ensure that such inclusion was reflected in the final list scheduled for publication on 10 April 2026. The Court clarified that the order was passed in the peculiar facts of the case and shall not be treated as a precedent.
Accordingly, the writ petition was allowed. The impugned order dated 4 April 2026 was quashed and set aside.
[Jayesh Batukbhai Patel v. State of Gujarat, C. SCA No. 5056 of 2026, decided on 7-4-2026]
*Order authored by: Justice N.S. Sanjay Gowda
Advocates who appeared in this case:
For the Petitioner: Kirtan H. Mistry, Advocate.
For the Respondent: Aishvarya, G. H. Virk, Vaishnavi Verma, Sahil M. Shah, Advocates.
