Rush of voter applications at age 18 could overwhelm authorities, open floodgates: HC

Mumbai, Nov 6 (PTI) The Bombay High Court on Thursday said if every individual began submitting voter enrolment applications immediately upon turning 18, it would overwhelm the authorities with verification work and "open the floodgates".

A person who has turned 18 would be included whenever there is a revision of the electoral roll, the HC said and directed the Electoral Registration Officer to decide within six weeks the application of an 18-year-old woman seeking to be enrolled as a voter in Mumbai.

Rupika Singh, who turned 18 in April this year, had moved HC claiming that her application seeking to be enrolled as a voter was not accepted as the cut-off date in the state was October 1, 2024. The Maharashtra assembly elections were held in November 2024.

The schedule for the Brihanmumbai Municipal Corporation polls, which are due since March 2022, has not yet been announced.

A bench of Justices Riyaz Chagla and Farhan Dubash, while referring to a Supreme Court judgement, said there was a difference between the freedom to vote and the right to vote.

"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 court said, adding the petitioner was not eligible to vote as of October 2024 when the electoral roll was prepared.

The bench was also of the opinion that if every person started filing applications as soon as they turned 18, then the authorities would be left verifying each application.

"This will open floodgates," it said, adding that a person who has turned 18 would be included whenever there is a revision of the electoral roll.

When the court suggested if the authority concerned would consider her application, senior counsel Ashutosh Kumbakoni, appearing for the Election Commission of India and the Chief Electoral Officer of Maharashtra, agreed.

The bench accordingly directed the Electoral Registration Officer to consider Singh's application within six weeks and disposed of her petition.

In her plea, Singh said her fundamental right to vote was being violated and that without her name included in the electoral roll, she would not be able to vote in the upcoming municipal polls.

The Chief Electoral Officer of Maharashtra had earlier this week said the state would be adopting the electoral roll, prepared as of October 2024, for the local body polls.

Kumbakoni on Thursday said since the assembly election voters' list will be adopted for the upcoming municipal polls, Singh would not be able to vote for the same this year.

He added that the electoral list is revised before every parliamentary or assembly election.

After turning 18 in April this year, Singh tried to apply through the Election Commission of India's portal to enrol herself as a voter.

However, she could not submit her application because there was no option for citizens of Maharashtra who attained 18 years on or after October 2, 2024, to select their date of birth.

Singh then tried to submit her application offline, but that too was not accepted, her petition said.

She later learnt that July 1, 2025, was notified as the enrollment cut-off date for local body elections, which meant that only those young citizens whose names are included in the voters' list as on July 1, 2025, will be permitted to vote.

Singh claimed that non-acceptance of her application has resulted in "violation of her freedom of expression in the form of casting a vote". PTI SP GK