The Bombay High Court.
Credit: iStock Photo
Mumbai: In a significant order, the Bombay High Court drew the distinction between ‘freedom to vote’ and ‘right to vote’ when it observed that if every individual began submitting voter enrolment applications immediately upon becoming a major, it would overwhelm the authorities with verification work and open the floodgates.
A division bench of the Bombay High Court comprising Justice Riyaz Chagla and Justice Farhan Dubash, while referring to a Supreme Court judgement, said there was a difference between ‘freedom to vote’ and ‘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.
The court’s observations came during the hearing of a petition filed by Rupika Singh, whose voter registration application had been rejected since she attained majority after the cut-off date of October 1, 2024 for the Maharashtra Legislative Assembly elections of 2024.
Senior Counsel Ashutosh Kumbakoni appeared for the Election Commission of India and Maharashtra’s Chief Electoral Officer.
“A person who has turned 18 would be included whenever there is a revision of the electoral roll,” the court pointed out.
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.