'How does your system override law?': HC asks ECI over 7 voter deletions in Goa

Hearing the matter, the court said a name cannot be deleted from the rolls without affording a hearing to the affected party.

Prefer HTon Google

Panaji: The Bombay High Court on Wednesday questioned the Election Commission of India (ECI) for blaming “software glitches” and sought an explanation for how “software can override the law,” after the names of seven members of a family were deleted from electoral rolls after the special intensive revision (SIR) for allegedly having “shifted,” despite their valid submission of Form 8.

Hearing the matter, the court said a name cannot be deleted from the rolls without affording a hearing to the affected party.

“Show us from the Act… what empowers you to delete without a hearing?” the bench of justices Amit Jamsandekar and Valmiki Menezes said.

Paresh Salgaoncar moved the high court after securing orders in his favour at the level of the DEO and CEO, but was asked to file Form 6 for re-entering the list as a new voter. Salgaocar refused to fill form 6 saying that doing so would amount to filing a false declaration.

“There is no explanation for how the officer cannot override the system and put his order under it?” the bench asked.

Also Read I ‘EC owes apology to nation’: Shashi Tharoor over report of 97 eligible Goa voters left out of electoral roll

Meanwhile, the Commission told the court that it was following procedure laid down during the exercise and that the names were deleted based on inputs received from the BLOs. The matter has been posted for further hearing on October 7.

• 

  Gerard de Souza is a Special Correspondent based in Goa and has been reporting on and about issues concerning the state and the wider western coast of India for over 18 years. His wide range of stories covers politics, crime, environment and tourism-related concerns emerging from India’s smallest state. Born and brought up in Goa, he has a deep understanding of the former Portuguese enclave’s evolution from a laidback collection of idyllic villages that first drew flower power generation of counter culture enthusiasts to its shores to one that has become synonymous in Indian popular culture with an aspirational holiday, seeing the best (and worst) that holidayers have to offer. He also keenly follows criminal trials. Most notably, he covered the trial surrounding the killing of Scarlett Keeling, a British teenager found dead on Anjuna beach, and that of Danielle McLaughlin similarly killed in south Goa, among others. He authored the book ‘Crimes of Passion: When Desire Turns Deadly,’ chronicling cases of romance turning to rage and murder. A graduate of Goa University, he learnt the trade on the job and has experience on both the reporting and editorial sides of the profession. When not sniffing around for a worthy headline, he likes to spend time outdoors to help ensure his heart is always in the right place.Read More