CLAT-2027 Blog

Bombay High Court (Goa Bench) Orders Six Voters Added Back; Form 8 Must Be Decided During SIR

DAILY NEWS WRAP | 6 NOVEMBER 2026

On 5 November 2026 the Goa Bench of the Bombay High Court ordered the Election Commission of India to include six voters in the electoral roll within 10 days, and held that Form 8 applications must be decided even while the Special Intensive Revision (SIR) is on.

What the High Court ordered

The Goa Bench of the Bombay High Court, comprising Justice Valmiki Menezes and Justice Amit Jamsandekar, on 5 November 2026 directed the Election Commission of India (ECI) to add back the names of six voters. The case is Paresh Salgaonkar and Others v. State of Goa and Others. The Court issued a mandamus asking the officer to include the names of the petitioners within 10 days, after confirming their residence.

The Court also declined to keep the petition pending until the Supreme Court decides on the validity of the SIR, and it did not grant a stay on including the names. The six petitioners had voted in the Santa Cruz constituency since 1995 and had shifted residence from Part 29 to Part 25 of the same constituency.

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Form 8 cannot be suspended during SIR

The petitioners had submitted Form 8, the form for shifting of residence, through the Booth Level Officer. Their names were deleted from the earlier part but were not included in the draft roll for the new part, and the Electoral Registration Officer (ERO) later rejected the Form 8 applications and asked them to file Form 6 as fresh applicants.

The Bench held that the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960 continue to apply during an SIR. It said that even when a roll is prepared afresh, the requirement to file Form 6 for a new voter or Form 8 for a voter shifting residence ‘does not get suspended’, and that the ERO is bound to decide a Form 8 application. The Court added that a voter who has shifted can only file Form 8, and that Form 6 would have required a declaration that the name was not included in any earlier roll.

Hearing before deletion

The Court relied on Section 22 of the 1950 Act, whose proviso requires that an elector be given a reasonable opportunity of being heard before an entry is deleted or altered. It observed that removing a name from the revised roll, when a Form 8 for shifting within the same constituency was already submitted and no hearing was given, would amount to a denial of the citizen’s right to vote.

Constitutional / Legal / Institutional framework

The Representation of the People Act, 1950 and the Registration of Electors Rules, 1960 govern the preparation and revision of electoral rolls. Section 22 allows the Electoral Registration Officer to correct entries, shift an elector on a change of residence, or delete a name, but only after a reasonable opportunity of being heard. The High Court held that these provisions stay in force during an SIR.

CLAT angle

  • Form 6: a new elector who has never been in any roll. Form 8: an existing voter shifting residence or correcting entries.
  • Section 22 of the RP Act, 1950: hearing before deletion of a name.
  • The order: names to be included within 10 days after confirming residence.
  • Court: SIR does not suspend Section 22 or Rule 13 of the 1960 Rules.
  • A High Court bench can issue a mandamus to a statutory officer.

Key facts

Fact Detail
Court Goa Bench of the Bombay High Court
Date of order 5 November 2026
Judges Valmiki Menezes and Amit Jamsandekar
Voters 6 (Salgaonkar family), Santa Cruz constituency
Time limit 10 days, after confirming residence
Form 6 New elector
Form 8 Shifting of residence or correction

Mnemonic / memory hook

‘Six is new, Eight is move.’ Form 6 is for a new voter; Form 8 is for a voter who has moved or needs a correction.

Sources

Bar and Bench, The New Indian Express and LiveLaw, all dated 5 November 2026.

Free in the CLAT Gurukul app

These notes (as a PDF lesson) and the 10-question CBT are in the app under Current Affairs → 6 Nov 2026. Get the app on Google Play or open app.clatgurukul.com.

Practice Quiz — 10 CLAT-Style Questions

Click an option to reveal the answer and explanation.

Quick answers

Which court ordered the Election Commission of India to add back six voters on 5 November 2026?
The Goa Bench of the Bombay High Court. The order was passed by the Goa Bench of the Bombay High Court.
Within how many days did the Court direct that the names be included, after confirming residence?
10 days. The Court directed the officer to include the names of the petitioners within 10 days, after confirming residence.
How many voters were ordered to be added back?
Six. The Court ordered the names of six voters, members of one family, to be included.
Which form is meant for a new elector who has never been included in an electoral roll?
Form 6. Form 6 is for a new elector; Form 8 is for an existing voter shifting residence or correcting entries.
Which form is used by an existing voter who shifts residence?
Form 8. Form 8 is prescribed for an elector whose name is already in the roll and who shifts residence.
What did the Court hold about Form 8 while an SIR is under way?
The ERO must decide it; it is not suspended. The Court said the requirement to file Form 6 or Form 8 does not get suspended during an SIR and that EROs receiving Form 8 are bound to decide it.
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