Bombay High Court
| Photo Credit: VIVEK BENDRE
The Bombay High Court on Thursday (November 6, 2025) observed that there is a difference between “freedom to vote and right to vote”, saying if every person submits voter enrolment applications immediately upon turning 18, it would become “overwhelming” for Election Commission (EC) authorities for verification and “open the floodgates”.
A Bench comprising Justices Riyaz Chagla and Farhan Dubash was hearing a petition by Rupika Singh, who turned 18 in April this year and had moved the HC after her application to be registered as a voter was rejected as the cut-off date was October 1, 2024, for the Maharashtra Assembly Elections which were held in November 2024.
The Bench cited a Supreme Court judgement, “there is a difference between freedom to vote and right to vote. As you turn 18, you have the freedom to vote. However, the right comes only when the voters’ list is revised, and the petitioner was ineligible to vote as the electoral roll was already prepared.”
“If every person starts enrolling as a voter as soon as they turn 18, the EC may have to verify each application, opening floodgates. The person can be enrolled whenever there is a revision of the electoral roll,” the court added.
Ms. Singh, who turned 18 this year, applied to register as a voter through the EC’s website again. However, it did not process as the website had no option for citizens of Maharashtra who attained 18 years on or after October 2, 2024, to select their birth date.
According to the petition, she also applied in person, which did not work out. Earlier, the EC announced that for the upcoming local body elections in Maharashtra, it will adopt the October 2024 voters’ list.
Senior counsel Ashutosh Kumbakoni, who appeared for the Election Commission of India and the State Election Commission, agreed to consider Ms. Singh voter application after the court asked if the authority would consider it.
Published – November 07, 2025 12:08 am IST
