Balaram Patil, a candidate from the Peasants and Workers Party who contested from the Panvel Assembly constituency in last year’s Maharashtra state polls, had alleged multiple entries of the same voters in his constituency much before the polls were held.
Patil, who lost the elections by over 50,000 votes, had moved Bombay High Court before the elections were announced.
The office of the Chief Electoral Officer, Maharashtra has responded to questions sent by The Telegraph Online before the story on Patil was published on August 27. As suggested by the CEO’s office, The Telegraph Online sent another detailed questionnaire.
Here are the responses, verbatim and unedited:
The Telegraph Online: In September 2024, officials concerned with the conduct of poll including SDO, Panvel were made aware of duplicate voters in the electoral roll much before Assembly Elections were announced. According to Mr Patil, he did not receive any response. Will your office inquire why the Panvel SDO did not respond?
Maharashtra CEO: Rule 26 in the Registration of Electors Rules, 1960 provides that every application under Section 22 of Representation of People Act, 1950 (for addition of names, deletion of any entry and changes in any entry in electoral roll) shall be made in one of the forms (6, 6A, 7 & 8) as may be appropriate. Form-7 is used for objection to any entry/request for deletion for any entry from Electoral Roll.
In short, it is legal position that any entry in the Electoral Roll is to be objected by proper application in Form-7 and ERO has to take a decision on this application after following due procedure as mentioned in the above sections and rules. Sue-moto deletion is not permissible in Election Year.
TTO: The Bombay High Court specifically asked the SDO to respond Patil within two weeks before the Maharashtra Assembly Elections were announced. Again no action was taken. Why?
Maharashtra CEO: Hon’ble High Court, Bombay, vide its Order dated 7-10-2024, had directed, ERO and SDO, 188-Panvel AC to decide the representation of Shri. Patil in two weeks. Accordingly, SDO has issued an order following due procedure and quoting legal provisions, on 23.10.2024 (within stipulated period given by Hon’ble High Court)
TTO: An MLA from Shiv Sena has raised a similar complaint with the Aurangabad bench of Bombay High Court. His petition was turned down because the Assembly elections had already been declared. So this issue has been raised by members of Opposition as well as ruling party/ parties. Don’t you think an enquiry is a legitimate demand at this stage?
Maharashtra CEO: The decision of Hon’ble High Court in Writ Petition No. 11123 of 2024 (Chandrakant Patil vs. The State Election Commission and ors.) in Auranagabad Bench of High Court, Bombay is partially quoted in your querry. The main reasons for dismissal of the petition are as follows:-
i. In the said judgment, in Para 13, it is mentioned that ‘when these instructions are clear and insisting that each objection should be in Form-7, then if such procedure is not adhered to, no direction can be given to Election Commission. Certainly, when the statutory authority has insisted for adherence of procedure/instructions, then writ of mandamus cannot be issued by taking note of the practical difficulty of the objector. At the cost of repetition, we say that the insistence of Respondent No.4 for Form-7 is perfectly legal.’
ii. In Para 14 of said judgment, it is mentioned that ‘one more fact to be noted from the said communication dated 23.09.2024 that it was specifically stated to the petitioner that he has a right to file appeal against the said decision under Rule 23 of the Electors Rules. Petitioner appears to have not approached the appellate authority, but directly came to this Court by invoking the constitutional powers. When a specific provision has been made for appeal, then before knocking the doors of the constitutional Court, the said remedy which is a statutory remedy should be exhausted. On this ground also, we are of the option that the petition deserves to be rejected.’
TTO: Now that there are no elections scheduled in Maharashtra, will the electoral rolls be sanitised to delete duplicate voters across the constituencies?
Maharashtra CEO: Procedure of deletion of any entry from the existing Electoral Roll is mentioned in response of query 1. Also, Revision of Electoral Roll is always taken in every year and draft Electoral Rolls of all Assembly Constituencies are published for claims and objections and final rolls are published after considering claims and objections with due procedure. After the election result is declared, remedy for challenge any election is filing Election Petition in Hon’ble High Court, as per section 80 of Representation of People’s Act, 1951.
After the declaration of result of General Election to Maharashtra Legislative Assembly, Shri.Balaram Patil had filed the Election Petition (L) No.4739/2025 before the Hon’ble High Court of Bombay. However, he did not appeared for hearings of above Election Petition in Hon’ble High Court. Said Election Petition was dismissed by Hon’ble High Court on 7th March, 2025 for want of prosecution.