HC declines urgent order restraining ECI from deleting names of Maharashtra voters

Bench said there was a need to maintain “judicial propriety” following the Supreme Court’s November 2025 order restraining high courts from hearing petitions regarding the validity of the SIR in their respective states

MUMBAI: The Bombay High Court on Monday declined to pass any urgent order restraining the Election Commission of India (ECI) from deleting voters’ names from Maharashtra’s electoral rolls, noting that matters pertaining to the Special Intensive Revision (SIR) process are pending before the Supreme Court, and no purpose would be served with a parallel litigation.

The Bombay High Court on Monday declined to pass any urgent order restraining the Election Commission of India (ECI) from deleting voters’ names from Maharashtra’s electoral rolls. (HT Photo)

A division bench of chief justice Mahesh Chandra Tripathi and justice Advait Sethna also said there was a need to maintain “judicial propriety” following the Supreme Court’s November 2025 order restraining high courts from hearing petitions regarding the validity of the SIR in their respective states or any other aspects related to the process.

The remarks came after the ECI informed the bench that several high courts across the country have refused to take up petitions challenging aspects of the SIR following the apex court’s order last November.

“Some high courts have ordered the parties to seek clarification from the Supreme Court if they could hear those cases or not. This interim order continues to operate till date,” the ECI said. It further informed the court that the SIR matter is pending before the Supreme Court and is listed for hearing on October 8.

“At least 2.1 crore citizens’ names are likely to be deleted from the state’s voter list. So, till then, please say in your order that no voter must be deleted from the rolls in Maharashtra,” he said.

However, the court refused to pass any such order. “When there is already a restraining order, we will not hear the matter immediately. No purpose will be served by a parallel litigation. Let the Supreme Court hear the matter first,” it said, before posting the matter for hearing after three weeks.

The court was hearing a petition filed by Sagar Ramesh Gawai, youth wing president of the Vanchit Bahujan Aghadi, a political party founded by Ambedkar, a former MP. The petition alleges numerous flaws in the implementation of the SIR in Maharashtra and seeks disclosure of the recorded reasons under which the exercise is being undertaken in the state.

The petition was filed days after The Indian Express reported last month that two of the three election commissioners—Sukhbir Singh Sandhu and Vivek Joshi—had formally objected on record at least 14 times over 10 months to unilateral decisions made without their knowledge under Chief Election Commissioner (CEC) Gyanesh Kumar.