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Journalism of Courage
The Bombay High Court on Thursday, while emphasising on the difference between ‘freedom to vote’ and ‘right to vote’, remarked that if every person begins submitting applications for voter registration immediately after attaining 18 years of age, the same would “open floodgates” and overwhelm authorities.
However, the HC directed the electoral registration officer to decide within six weeks an application by an 18-year-old college student to enrol as a voter. The applicant had moved court, claiming that despite turning 18 in April this year, her application to enrol as a voter was not accepted— in violation of her statutory right to vote.
A bench of Justices Riyaz I Chagla and Farhan P Dubash was hearing a plea by one Rupika Singh, who claimed that she could not submit her application to the EC portal since there was no specific option for residents of Maharashtra, who have attained majority on or after October 2, 2024 to select their date of birth.
Singh, through advocate Arshil Shah, claimed that when she approached the EC officials, she was told the cut-off date to enrol as a voter in Maharashtra was October 1, 2024, and she could apply to register as a voter after the Election Commission (EC) revised the cut-off date.
However, in September this year, when she learnt through news reports that July 1, 2025, was notified as the cut-off date to enrol as a voter for the civic body elections, Singh was “shocked,” as she and many others who completed 18 years between October 1, 2024 and July 1, this year would not be able to vote for the upcoming civic polls.
Singh said she could not get any redressal from the EC website, visiting booths and making representations to the Chief Electoral Officer (CEO), prompting her to approach the court.
The petitioner claimed that not accepting her application violated her freedom of expression in the form of casting vote. However, the bench referred to a past Supreme Court verdict and said that there was a difference between ‘freedom to vote’ and ‘right to vote’. The bench orally remarked, “If every person started filing applications as soon as he/she turns 18, it will open floodgates.” The court also remarked that while such persons have freedom to vote, the right to vote comes only when the electoral list is revised by the authority.
EAfter the court suggested that the election authority can consider the petitioner’s application, senior advocate Ashutosh Kumbhakoni representing CEO of Maharashtra responded in affirmative. The court then directed the authority to decide it within six weeks and disposed of the plea.
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