The Bombay High Court at Goa has questioned the Election Commission’s insistence that voters who have changed their address submit the pre-filled enumeration form, observing that a voter cannot be asked to declare residence at an address where he no longer lives, and asking what the Special Intensive Revision would achieve if citizens are excluded from the roll.
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Panaji: The Bombay High Court at Goa on Monday (October 5) questioned the Election Commission of India (ECI) over its requirement that voters who have changed their address submit the pre-filled enumeration form during the ongoing Special Intensive Revision (SIR) of electoral rolls in Goa, while hearing a petition by members of a family who say their names were dropped from the draft roll despite filing Form 8 [Paresh Salgaonkar v. State of Goa].
A Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar heard the matter. The ECI was represented by Advocate Gaurish Agni.
The grievance
The petitioners, members of the Salgaonkar family, contend that their names were left out of the draft electoral roll even though they had filed Form 8, the application used to record a change of address. At the previous hearing on October 1, the Bench had asked why the ECI’s software rejects Form 8 applications automatically. The ECI’s position, put forward then, is that the family did not file the enumeration forms and had a remedy through Form 6 during the objections period.
‘You will have to fill in Form 6’
The Bench took issue with the ECI’s stand that a voter who has moved must first submit the enumeration form and, failing that, apply afresh through Form 6. Justice Menezes remarked:
“If a voter comes to you with Form 8, saying he has changed his address you just cannot tell that person…you will have to fill in Form 6.”
The Court noted that the enumeration form carries a declaration that the signatory continues to reside at the address listed in the roll, which a voter who has relocated cannot sign truthfully. It asked:
“When someone doesn’t live in a particular address, why should that person make a false declaration?”
The Bench also reminded the Commission, with reference to Supreme Court precedent that it must ensure all citizens appear on the voter lists:
“If citizens are excluded what will we do with your SIR?”
Enumeration Form Row: ECI’s position
For the ECI, the position is that submission of the enumeration form is mandatory where an address has changed, and that voters who miss it can seek inclusion through Form 6. These are contentions advanced before the Court and have not been adjudicated. No final order has been passed, and the matter is listed again on October 6.
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Case Title: Paresh Salgaonkar v. State of Goa [Writ Petition No. 732 of 2026]
Bench: Justice Valmiki Menezes and Justice Amit Jamsandekar, Bombay High Court at Goa
Date of Hearing: October 5, 2026
For the Election Commission of India: Gaurish Agni, Advocate