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2025 DIGILAW 157 (GAU)

Abdul Qadir S/o Late Akbar Ali v. State of Assam

2025-01-29

MANISH CHOUDHURY

body2025
ORDER : MANISH CHOUDHURY, J. Heard Mr. N.H. Barbhuiya, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 3 & 5; Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2, 6, 7 & 8; and Ms. P. Baruah, learned Standing Counsel, ECI for the respondent no. 4 through virtual mode. 2. The petitioners, 4 [four] in nos., have approached this Court by the present writ petition stating that they have similar kind of grievances, though factually slightly different from each other. The petitioners have stated that they are inhabitants of Karimganj District [now, Sribhumi District], which district consist of 95 Gaon Panchayats. One of the Gaon Panchayats is 85 no. Dhalcherra Gaon Panchayat. After the recent delimitation exercise, the respondent authorities have published a final Electoral Roll for Panchayat Election. 3. The grievance of the petitioner no. 1 viz. Abdul Qadir is to the effect that in the final Electoral Roll, both the petitioner no. 1 and his wife viz. Yarun Nessa Begum are shown residents of House no. 302. But the name of the petitioner no. 1 has been shown deleted and transferred. After such deletion and transfer, the name of the petitioner has not been enrolled in any other place in the Electoral Roll. It is further submitted that the names of his daughters viz. Salma Begum [Sl. no. 151]; [ii] Fateha Sultana [Sl. no. 152]; and [iii] Tayiba Sultana [Sl. no. 153]; and his son, Abu Taher Md. Yeahiya [Sl. no. 154] are also shown deleted and transferred in the final Electoral Roll. 3.1. The grievance of the petitioner no. 2 viz. Amirul Hoque is to the effect that the names of the petitioner no. 2 and his wife were shown as voters at serial no. 259 & 260 from Household no. 265 in the draft Electoral Roll. But in the final Electoral Roll, their names are not enrolled and are shown as deleted [transferred]. 3.2. The grievance of the petitioner no. 3 viz. Abdul Basit is that the names of the petitioner no. 3 along with his family members were shown enrolled against Household no. 163 from serial no. 1124 to 1130 in the draft Electoral Roll. But in the final Electoral Roll, their names are shown as deleted [transferred]. 3.3. The grievance of the petitioner no. 4 viz. 3 viz. Abdul Basit is that the names of the petitioner no. 3 along with his family members were shown enrolled against Household no. 163 from serial no. 1124 to 1130 in the draft Electoral Roll. But in the final Electoral Roll, their names are shown as deleted [transferred]. 3.3. The grievance of the petitioner no. 4 viz. Nurul Hoque is that the names of the petitioner no. 4 along his family were shown against Household no. 117 from serial no. 942 to 945 in the draft Electoral Roll. But in the final Electoral Roll, their names are shown as deleted [transferred]. 4. What have emerged from the above projections made by the petitioners is that though the member of families are shown residents of one household but some of the family members are shown to be deleted and transferred from the Electoral Roll. In case of few others, their names are shown as deleted [transferred]. The main grievance of the petitioners is that an arbitrary and discriminatory procedure has been adopted in respect of their cases. 5. Mr. Dubey, learned Standing Counsel, Assam State Election Commission has submitted that the petitioners can approach the jurisdictional Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election by filing individual rectification application highlighting their grievance with the supporting documents so that the said authorities can look into the grievances of the petitioners individually. He has further submitted that to rectify such situation, the Assam State Election Commission has already issued a Communication on 17.01.2025 to the concerned District Commissioner who, in turn, has accordingly directed the jurisdictional Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election to look into such grievances. He has further submitted that by the said Communication dated 17.01.2025, the time-period for submission of such rectification application is 31.01.2025. 6. A copy of the said Communication dated 17.01.2025 has been placed before this Court by Mr. Dubey, learned Standing Counsel, Assam State Election Commission. On perusal of the said Communication dated 17.01.2025, it is noticed that the Assam State Election Commission has indicated that genuine rectification of the final Panchayat Electoral Roll as per the delimitation notification could be allowed if such rectification request application is submitted with details, as mentioned below :- i. Briefly highlight the specific reason for rectification in the Gaon Panchayat Ward [along with the Polling Station] where the changes are required. ii. ii. Elector assigning/un-assigning issues : If any elector has been wrongly assigned to another polling station or constituency in violation of the delimitation notification, the rectification request must be verified and certified by the concerned District Commissioner. In case of large number of assigning/un-assigning of electors a justification from the concerned ERO must be enclosed. iii. Claims and objections rectifications : For any rectifications regarding shifting/deletion of electors during the Claims and Objections period, the request must indicate the EPIC [Elector’s Photo Identity Card] number of the concerned elector. 7. Having regard to the grievances raised by the petitioners, this Court is of the considered view that such grievances of the petitioners are to be looked into by the competent authorities, as it contain factual disputes which would also fall for consideration in the process. This Court is of the prima facie view that if the husband and the wife are residents of the same household, then both of them should have been included in the Electoral Rolls and recorded as voters for the same polling station. Similarly, the names of persons who are voters in the earlier Panchayat Election could not have deleted ordinarily. 8. In such view of the matter, this Court grants liberty to the petitioners to submit their individual rectification application highlighting their respective grievances, as projected in this writ petition, along with all the supporting documents before the jurisdictional Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election within a period of 7 [seven] working days from today and in the event such rectification applications are submitted, the jurisdictional Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election shall give due consideration to such rectification application in terms of the guidelines issued by the Assam State Election Commission in the Communication dated 17.01.2025, notwithstanding the time-period stipulated therein. The respective authority shall thereafter, dispose of the individual rectification application by passing a speaking order thereon within 15 [fifteen] days from the date of receipt of such rectification application and the speaking order so passed on the respective rectification application shall be communicated to the concerned applicant forthwith thereafter. It is accordingly ordered. 9. This order disposes of the writ petition.