The Bombay High Court clarified that merely turning 18 doesn’t grant an automatic right to vote. Eligibility arises only after the electoral roll is revised, ensuring orderly voter registration and preventing administrative overload.
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MUMBAI: The Bombay High Court has clarified that an individual who turns 18 years old does not automatically gain the right to vote until the next scheduled revision of the electoral roll. The ruling came while hearing a plea filed by 18-year-old Rupika Singh, whose voter registration was rejected because she attained majority after the cut-off date of October 1, 2024, set for the upcoming Maharashtra Assembly elections.
Court’s Observation
A division bench of Justices Riyaz Chagla and Farhan Dubash noted a clear distinction between the freedom to vote and the right to vote, citing a Supreme Court precedent.
“Once you turn 18, you have the freedom to vote. But the right comes only when the electoral list is revised by the authorities,”
the bench observed.
The Court emphasized that electoral rolls are not updated on a rolling basis but are periodically revised, usually before Parliamentary or Assembly elections.
Election Commission’s Stand
Senior counsel Ashutosh Kumbakoni, appearing for the Election Commission of India (ECI) and the Chief Electoral Officer of Maharashtra, argued that allowing every newly eligible voter to register immediately would “open the floodgates” and burden officials with a massive verification workload.
“If every person started filing applications immediately upon turning 18, authorities would be left verifying each application. This will open floodgates,”
the Court remarked in agreement.
Although the Court upheld the ECI’s position, Kumbakoni agreed to have Singh’s application considered by the Electoral Registration Officer (ERO). The bench directed the ERO to decide on her plea within six weeks, after which the petition was disposed of.
Petitioner’s Argument
Rupika Singh contended that her fundamental right to vote was being violated. Both her online and offline voter registration applications were rejected because her date of birth, after October 1, 2024, could not be entered into the ECI portal. She further claimed that this technical exclusion would prevent her from voting in the Brihanmumbai Municipal Corporation (BMC) elections, pending since March 2022.
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However, the Election Commission clarified that Singh and other citizens turning 18 after October 1, 2024, would only be eligible after the next roll revision, scheduled for July 1, 2025. Consequently, they will not be able to vote in the upcoming BMC elections.
