Voter Name in Two States SIR List – Can BLO Reject Enumeration Form? Know Your Rights

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: Your BLO cannot outright reject your enumeration form just because your name is in another state's SIR. You hold all the rights to get your name corrected in the old state's SIR and simultaneously apply for a shifting form to the new state. The deadline pressure is real, but the law fully supports your position.

Arjun Mehta, a software professional from Indore, had originally enrolled as a voter in Pune. When he relocated to Indore for work in early 2024, he applied for voter transfer. His name appeared in Maharashtra's SIR list in March 2025 — but with a spelling mistake in his father's name and a wrong date of birth. He then submitted the enumeration form for Madhya Pradesh's SIR in April 2025. His BLO in Indore told him flatly: "Your form is not acceptable because you're already on the Maharashtra SIR." The deadline for Madhya Pradesh's draft SIR was approaching fast. Arjun approached the Chamber of Advocate Sudhir Rao after local clerks gave him conflicting advice. Advocate Sudhir Rao and his office reviewed the documentation — voter ID, Aadhaar, rent agreement, utility bills — and immediately recognized the issue was procedural, not legal. His team argued that the BLO had no authority to reject an enumeration form on this ground without following the proper process under the Registration of Electors Rules. They wrote a detailed representation to the District Election Officer, enclosing proof of residence in Indore and a request to correct the Pune SIR entry. The DEO directed the BLO to accept Arjun's form and process his name in the Madhya Pradesh draft SIR, subject to the shifting application in November. The specific domain expertise of Advocate Sudhir Rao's office in electoral law matters ensured that Arjun's issue was resolved before the deadline without litigation. And here's the thing, the BLO was wrong — the law clearly provides for this scenario.

Key Facts of the Case

• Arjun Mehta was already registered as a voter in Pune (Maharashtra) with his name in the 2025 SIR list of that state.
• The Pune SIR entry contained errors: incorrect spelling of his father's name and wrong date of birth.
• Arjun moved to Indore (Madhya Pradesh) in early 2024 and had all valid residence documents — Aadhaar, rent agreement, utility bills, and voter ID of the old address.
• He submitted his enumeration form for Madhya Pradesh's SIR in April 2025 before the deadline for the draft list.
• The BLO in Indore rejected his form solely because his name was already in the Maharashtra SIR list.
• The BLO's rejection was unlawful — there is no bar under the Registration of Electors Rules, 1960 against a person being enumerated in one state's SIR if they actually reside in another.
• The proper remedy involved: (a) filing a correction application for the Pune SIR entry, and (b) simultaneously applying for a shifting form (Form 6) to Madhya Pradesh in November 2025.
• The office of Advocate Sudhir Rao secured an order from the DEO directing the BLO to accept the enumeration form and process Arjun's name in the Madhya Pradesh draft SIR.

The Direct Legal Answer

Can the BLO reject my enumeration form because my name is in another state's SIR?

No. The BLO has no authority to reject your enumeration form on this basis. The Registration of Electors Rules, 1960 (under the Representation of the People Act, 1950) clearly provides that any person who is ordinarily resident in a constituency is entitled to be registered as a voter in that constituency. A prior entry in another state's SIR — especially with errors — does not bar you from being enumerated in your actual current place of residence.

What should I do if my name is in the old state's SIR with wrong details?

You must file a correction application with the Electoral Registration Officer of the old constituency. Use Form 8 for correcting entry in the electoral roll, and attach supporting documents (Aadhaar, birth certificate, school leaving certificate). Simultaneously, you can apply for a shifting form (Form 6) to your new constituency in the upcoming November revision cycle.

Is the BLO correct about the 'November shifting form'?

Partially. The BLO is correct that the shifting form (application for transfer from one constituency to another) typically becomes available during the annual summary revision in November. However, the BLO was wrong to reject your enumeration form now. Your name can be included in the draft SIR of the new state based on ordinary residence, and the formal transfer process can happen in November. The two steps are not mutually exclusive.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

First, immediately document everything — your BLO's rejection in writing (get it in an email or handwritten note) and all your residence proofs. Second, approach the District Election Officer directly with a written representation bypassing the BLO. Third, consider sending a legal notice to the Electoral Registration Officer of the old state for correction of the erroneous SIR entry. Matters of electoral roll enrolment involve specific procedural timelines and forms that a general practitioner may not be fully familiar with — an advocate who regularly handles election law matters can navigate these nuances efficiently and secure faster outcomes.

Applicable Sections of Law

This is a civil matter governed by the Representation of the People Act, 1950 (RPA, 1950) and the Registration of Electors Rules, 1960. Key provisions include:

• Section 19, RPA, 1950: Defines who is entitled to be registered as a voter — any person who is ordinarily resident in a constituency on the qualifying date.
• Rule 13, Registration of Electors Rules, 1960: Provides for inclusion of names in the electoral roll where a person is not already enrolled or where correction is needed.
• Rule 6, Registration of Electors Rules, 1960: Allows the Electoral Registration Officer to order correction of names in the roll upon application with proof.
• Rule 26, Registration of Electors Rules, 1960: Addresses transfer of voters from one constituency to another during summary revision.

Jurisdiction — Where to File the Case

For electoral roll matters, the jurisdiction is administrative rather than a typical court. The first point of filing is the Electoral Registration Officer (ERO) of your new constituency — this officer has the power to accept or reject enrolment and correction applications. If the ERO rejects your application, you can appeal to the District Election Officer (DEO) within 30 days. If the DEO also rejects, you can file an election petition before the High Court under Section 30 of the RPA, 1950. Territorial jurisdiction lies with the ERO of the constituency where you actually reside. Getting jurisdiction right is critical because filing in the wrong constituency's ERO will result in outright rejection.

If You Are the Victim

• Immediately approach the BLO with a written representation and all your residence documents — do not accept oral rejections.
• If the BLO persists, escalate to the District Election Officer directly through a formal application under the Right to Information Act, 2005 for a timeline.
• File a correction application (Form 8) with the old state's ERO for the erroneous SIR entry.
• Apply for a shifting form (Form 6) to your new constituency during the November summary revision cycle.
• Keep copies of every document and communication — including the BLO's rejection — for any future appeal or legal action.

Documents You Must Keep Ready

• Voter ID (EPIC) from the old state
• Aadhaar card (proof of identity and new address)
• Rent agreement or ownership deed of the new residence
• Utility bills (electricity, water, gas) in your name at the new address
• Bank statement or passbook showing the new address
• Passport-size photographs (for application forms)
• Birth certificate or school leaving certificate (for date of birth correction)
• Any past correspondence with the ERO or BLO regarding the error

What Evidence Is Required?

• Primary evidence: Your current voter ID card, Aadhaar, and residence proof showing you are ordinarily resident in the new constituency.
• Secondary evidence: Documents showing the error in the old SIR entry — a copy of the SIR list with your name and the incorrect details, and proof of your correct name and date of birth (e.g., school leaving certificate, passport).
• Evidence of the BLO's rejection — any written communication, email, or a contemporaneous note of the conversation.
• Proof of filing the correction application with the old state's ERO — acknowledgement receipt or speed post tracking.
• Witness testimony from landlord or neighbours if needed to establish ordinary residence in the new state.

How Courts Typically Approach Such Cases

Courts in electoral roll matters take a liberal view — the right to vote is a constitutional right under Article 326 of the Constitution. The Bombay High Court and other High Courts have consistently held that the ERO cannot reject an application merely because the applicant's name appears in another state's roll without verifying ordinary residence. Courts focus on the substance of ordinary residence and not mere technicalities. The tendency is to direct the ERO to accept the application and process it, with the observation that the voter should not suffer for bureaucratic delay. However, courts are strict about meeting statutory timelines — delays beyond the revision period are not condoned lightly.

Timeline of Legal Process

• Step 1 — Application to BLO/ERO: 1-2 weeks for form submission and acknowledgement.
• Step 2 — BLO verification and report: 2-4 weeks — the BLO visits the residence to confirm locality.
• Step 3 — ERO decision: 3-6 weeks from application date — if no objection, name is included in draft roll.
• Step 4 — Appeal to DEO (if rejected): 4-8 weeks for hearing and order.
• Step 5 — High Court petition (if necessary): 3-6 months for disposal.
• Step 6 — Inclusion in final electoral roll: Typically happens in the annual summary revision cycle (November-December).

The entire process from application to inclusion in the roll can take 4-8 months in a straightforward case, but can extend to 12-18 months if appeals or court intervention is needed.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes, in most electoral roll disputes, an out-of-court resolution is routine. The BLO or ERO can be persuaded to accept your application without any formal legal proceedings if you present proper documentation. The process is administrative, not adversarial. You can approach the DEO's office for a mediation-like meeting where both sides present their case. If the BLO has acted arbitrarily, the DEO can direct them to accept the form without any court order. There is no concept of "settlement" in the typical legal sense here, but a written representation from an advocate often resolves the issue without litigation. For correction of the old state's SIR, a similar administrative approach works — the ERO will correct the entry upon proof. Going to court should be the last resort.

Common Mistakes People Make

• Waiting too long — missing the SIR deadline because of fear or confusion.
• Accepting the BLO's oral rejection without getting it in writing — you need proof for an appeal.
• Failing to file a correction application for the old state's SIR entry immediately, which creates a continuing bar.
• Throwing away old voter ID or residence documents — these are critical evidence of your voter history.
• Engaging an advocate who does not regularly handle electoral law matters — the procedure under the Registration of Electors Rules has specific forms, timelines, and appeal processes that a general practitioner may not be fully familiar with, potentially causing delays or missed deadlines.
• Posting your grievance on social media before exhausting administrative remedies — this can prejudice your case before the ERO.

FAQs People Normally Have

Can I be a voter in two states at the same time?

No. Under Section 16 of the RPA, 1950, a person cannot be registered as a voter in more than one constituency. If your name is in two state SIR lists, one entry will eventually be deleted. But the BLO cannot refuse enumeration on this ground — the law requires verification of ordinary residence first.

What happens if I don't correct the wrong spelling in the old SIR?

The wrong entry can cause issues later — you may not be able to vote in either state until corrected. File Form 8 immediately with the old state's ERO. It typically takes 4-6 weeks to process.

Can I apply for a shifting form before November?

No, the summary revision for voter transfer usually happens in November each year as per the Election Commission's schedule. However, you can still apply for inclusion in the draft SIR based on ordinary residence now, and the formal transfer can happen in November. They are separate processes.

What if the DEO sides with the BLO?

You can file an election petition before the High Court of the state (in this case, Madhya Pradesh High Court) under Section 30 of the RPA, 1950. This is a remedy of last resort and should only be pursued with an advocate experienced in election law.

How long is the SIR list valid for?

The SIR list is prepared annually before each election or during summary revision. Once the final electoral roll is published, the SIR loses its significance. Your name in the SIR does not mean you are permanently barred from another state — it only means the roll revision process is underway.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India