A division bench of Justice Valmiki Menezes and Justice Amit Jamsandekar said:

"We allow the petition... We have rejected the contention of the ECI that the hearing in the present plea be deferred as the issue of SIR is pending before the Supreme Court.... This is not pertaining to SIR... We therefore ordered the BLO of Santacruz Constituency (in Goa) to add the names of the petitioners within a period of 10 days from today."

The bench refused to stay the operation of this order for two weeks, as requested by the ECI.

A detailed copy of the order is awaited.

The order comes in a plea filed by one Salgaonkar family, which has claimed that their names have been dropped from the draft electoral roll, despite them filing a Form 8 (for changing address). The ECI however, maintained that under the SIR guidelines, it is compulsory for a voter to submit a pre-filled enumeration along with the Form 8.

As the petitioners refused to submit the enumeration form, they were asked to fill in a Form 6, which is meant for new inclusion in the voter list.

The judges had objected to this argument after noting that the enumeration form annexes to it a 'declaration' that the said voter (who signs it) continues to reside in the area as mentioned in the existing voters list. The bench said that the ECI cannot force citizens to make false declarations, if they have changed their residence, they cannot be asked to mandatorily submit the enumeration forms.

"If a voter comes to you with Form 8, saying he has changed his address you just cannot tell that person that look your name isn't included in the draft roll now you will have to fill in Form 6 (inclusion of new voter). Your enumeration form, basically has a declaration that a person continues to live in the address as mentioned in the existing voters list. But consider, if someone has changed their residence, can you compel the person to make a false declaration by submitting that pre-filled enumeration? Why can't that person simply give a Form 8 because anyway, his name is there in the existing list he just wants to get his address changed.. Why compel enumeration form?" Justice Menezes had observed.

During one of the hearings, the bench pointed out that Rule 12 provides for objections etc and taking recourse to that provision, why can't a citizen directly submit Form 8 instead of mandatorily submitting the pre-filled enumeration form.

"When someone doesn't live in a particular address, why should that person make a false declaration by submitting that pre-filled enumeration form? It will be a false declaration because under the said enumeration form, there is a declaration that X person continues to live here... The point is you cannot compel someone to make such a false declaration. Also, no citizen must sign this enumeration form of yours...they just shouldn't sign... How can someone apply for inclusion in the voter list when they don't live in that particular constituency or ward?" the bench had remarked.