Bombay High Court refuses to stay deletions in Maharashtra SIR citing Supreme Court hearing

The Bombay High Court on Monday refused to pass interim orders staying voter deletions in Maharashtra under the Special Intensive Revision (SIR). [Sagar Gawai & Anr. v. Election Commission of India & Ors.]

The High Court noted that matters concerning SIR are pending before the Supreme Court and there are directions from the cop court requesting High Courts to defer parallel proceedings.

Hence, it declined to pass any orders and deferred the matter by three weeks.

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing the petition filed by Vanchit Bahujan Aghadi Youth President Sagar Ramesh Gawai. 

The plea alleges procedural violations and arbitrary voter exclusions during the door-to-door enumeration phase in Maharashtra.

The petition has demanded transparency and compliance with the Representation of the People Act, 1950.

The plea opposes unilateral voter deletions citing the Supreme Court’s Association for Democratic Reforms judgment.

It alleges procedural lapses during enumeration, noting that Booth Level Officers are illegally demanding documents in breach of ECI Clause 2(d).

As per the plea, marking voters as absent, shifted, deceased, or duplicate cannot trigger automatic removal.

The plea has demanded a formal hearing and a speaking order by an Electoral Registration Officer before any deletion.

According to the petition, electoral officers lack authority to determine citizenship and must refer unresolved doubts to competent central authorities.

Senior advocate Ashutosh Kumbhakoni, appearing for the Election Commission of India (ECI), informed the Bench that the Supreme Court is set to hear the main SIR challenge on October 8. 

"The interim order continues to remain - various HCs and states to not consider this," he argued.

The ECI relied on an order passed on November 11, 2025 by Supreme Court. Paragraph 5 of the Supreme Court order states:

"Since this Court is seized of the matter pertaining to validity of Special Intensive Revision (SIR) of Electoral Rolls in various States, including Bihar, West Bengal, Tamil Nadu, Pondicherry etc., we request the jurisdictional High Courts to keep in abeyance/defer the writ proceedings, if any, filed in those High Courts touching the validity of the SIR of electoral rolls in their respective States."

Advocate Prakash Ambedkar, appearing for the petitioner, countered the argument. He argued that the order did not apply to Maharashtra and that his petition was different. 

However, the bench stated that it would be judicial impropriety to hear proceedings simultaneously. 

Ambedkar then requested for a stay on the voter deletion in Maharashtra till the petition is heard next. 

But the bench declined to intervene considering Supreme Court’s order. 

“If the Supreme Court has made a specific request and despite that High Court is proceeding, how can we stop? How can this be done? This cannot be done,” the bench said.

It noted that the next date of hearing in Supreme Court is on October 8.

“October 8 is not far away,” the Court remarked while posting the matter for further hearing after 3 weeks.