Petitions raising Maharashtra SIR Voter Exclusion claims will now be heard by the Bombay High Court on December 1, after the Election Commission of India asked for the matter to be deferred because the Supreme Court is already examining the revision.
Mumbai: The Bombay High Court has fixed December 1 for hearing petitions that challenge alleged arbitrary exclusions of voters during the Special Intensive Revision (SIR) of electoral rolls in Maharashtra, after the Election Commission of India (ECI) sought a deferral [Petitioners v. Election Commission of India and Others].
The petitions are before a Division Bench of the High Court. The composition of the Bench at Monday’s listing and the names of the petitioners in this batch were not available at the time of writing.
The ECI’s request
The ECI sought deferral by relying on a Supreme Court order asking jurisdictional High Courts to keep writ proceedings on the validity of the SIR in abeyance, since the apex court is already seized of the challenge. The High Court then listed the petitions for December 1. The petitioners’ contentions on the exclusions remain to be examined, and the Court has expressed no view on the merits.
Background
On October 5, a Division Bench of the Bombay High Court had declined an oral request for interim relief in a petition by Sagar Ramesh Gawai and Rafique Ilahi Khan, argued by Prakash Ambedkar and Hitendra Gandhi, which raised concerns about the Maharashtra SIR. The petitioners had sought status quo on the rolls for three months and a halt to deletions, claiming that about 2.10 crore voters could be excluded under the ASDD and “Uncollectable Enumeration Form” categories without notices, hearings or reasoned orders.
They said they were not seeking to stop the SIR or questioning the ECI’s power, but wanted transparency, reasons for deletions and equal access to verification. Senior Advocate Ashutosh Kumbhakoni appeared for the ECI. The Bench declined any interim order, observing that “no purpose will be served by a parallel litigation” while the Supreme Court is examining the issue, and adjourned the matter.
The proceedings in the Supreme Court
The Maharashtra SIR is also under challenge directly in the Supreme Court. On Monday, a Bench led by Chief Justice of India Surya Kant issued notice to the ECI on a writ petition against the Maharashtra revision, said nobody would be prosecuted over Form 6 applications, and declined to extend the claims deadline without first hearing the Commission, listing the matter on November 5. The ECI has maintained in these proceedings that the SIR is a lawful exercise of its power to prepare and revise electoral rolls, while petitioners argue that the process risks excluding eligible voters without due process.
The approach taken by the Bombay High Court mirrors its earlier stand in Goa, where the Bench at Goa also deferred SIR-related challenges after the ECI pointed to the matters pending before the Supreme Court.
Case Title: Petitioners v. Election Commission of India and Others (Maharashtra SIR voter exclusion petitions)
Court: Bombay High Court, Division Bench
Next Date of Hearing: December 1, 2026