HC questions ECI on newly eligible voters were unable to register online after Oct 2024

The court query came during the hearing of a petition filed by Rupika Anil Singh, an 18-year-old college student who claimed she was denied the opportunity to enrol despite being eligible since 4 April this year

MUMBAI: The Bombay High Court on Tuesday sought clarity from the Election Commission of India (ECI) on why citizens who turned 18 after October 1, 2024 were unable to complete online registration to become voters ahead of the upcoming Brihanmumbai Municipal Corporation (BMC) elections. The court query came during the hearing of a petition filed by Rupika Anil Singh, an 18-year-old college student who claimed she was denied the opportunity to enrol despite being eligible since 4 April this year.

Bombay High Court at Fort (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

In her petition, Singh said that when she tried to submit her voter registration form through the ECI’s online portal, there was no option for Maharashtra residents who attained majority on or after October 2, 2024, to enter their date of birth. When she later visited a voter registration booth in Mahim constituency, officials there did not accept her application. They told her that the cut-off date was 1 October last year and she could apply once the EC revises it. On 29 September, Singh realised after reading a news report that since July 1 is being regarded as the cut-off date for the electoral rolls for the upcoming local body elections, she will not be able to vote. She then addressed her grievance to the chief electoral officer of the state twice that her application had not been accepted in the past despite several attempts.

Appearing for the ECI, senior advocate Ashutosh Kumbhakoni explained that the voter registration process is governed by the cut-off dates of October 1, 2024, and July 1, 2025, which determine eligibility for inclusion in the electoral rolls. These are fixed dates and part of the nationwide electoral procedure to ensure uniformity and administrative convenience in the preparation and publication of rolls before elections.

Kumbhakoni also pointed out that ECI allows for revision of electoral rolls up to four times a year. However, he clarified, such revisions are carried out only when the authorities decide to publish the rolls during those cycles. Responding to the bench’s query on why such a revision could not be implemented before the civic polls, he maintained that the system operates according to the schedule prescribed under the election laws and that revisions are discretionary, not automatic.

The bench noted that the matter raised by Singh highlights an important issue concerning first-time voters and said that both the ECI and the State Election Commission (SEC) must examine the legal position in detail. The matter was adjourned to Thursday, 6 November, for further hearing.

Advocate Arshil Shah, counsel for the petitioner, informed the bench that the SEC had called a press conference on Tuesday, likely to make a formal announcement about the elections, which may leave newly eligible voters such as Singh disenfranchised. Kumbhakoni, however, clarified that a press conference “does not automatically mean that the election has been declared.”