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2025 DIGILAW 298 (GAU)

Sabbir Ahmed Choudhury S/o Showkat Ali Choudhur v. State of Assam

2025-02-21

MANISH CHOUDHURY

body2025
ORDER : Heard Mr. R.A. Choudhury, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 3, 4, 5, 6, 7, 8 & 11; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2, 9 & 10. 2. The petitioners, 15 [fifteen] in nos., have approached this Court by the instant writ petition stating that they are residents of Revenue Village – Narainpur Part-II, which is presently renamed as Narayanpur Part-II, in the recent Assam Panchayat area delimitation process. Before the Assam Panchayat area delimitation process, the Village – Narayanpur Part-II was part of Chandpur-Ujankupa Gaon Panchayat, District – Hailakandi. Subsequent to the delimitation process, the Village – Narayanpur Part-II has been included in Ward no. 6 of the newly created Narayanpur Gaon Panchayat. The petitioners have contended that in the Final Voters List, which have been published on the 28.12.2024, the voters hailing from Narayanpur Part-II have been shifted to a different Gaon Panchayat area, namely, Chandpur-Boliapar Gaon Panchayat. The petitioners have contended that such action is in contravention with the delimitation notification as well as the guidelines laid down the concerned Notification whereby the Standard Operating Procedures [SOP] were framed. 3. Mr. Konwar has submitted that he has received the para-wise comments received vide Communication bearing no. HZP.2011/WP[C]37/2025/29 dated 04.02.2025 in respect of the grievances raised by the petitioners in this petition. He has submitted that from the comments received against Para no. 2, Para no. 5, Para no. 6 and Para no. 11 thereof, it is apparent that the grievances of the petitioners have been effectively redressed. 4. For ready reference, the comments received in respect of Para no. 2, Para no. 5, Para no. 6 and Para no. 11 are reproduced hereinbelow :- Para. 2- It is fact that before delimitation Vill- Narainpur Pt-II was under Group No. 4 of Chandpur Ujankupa G.P. and after delimitation the said revenue village i.e. Narainpur Pt-II was in W/No. 6 under Narayanpur G.P. but due to some clerical error when the final electoral roll was published on 28.12.2024 the name of some voters of Narainpur Pt-II were enlisted under Chandpur Boalipar G.P. which has already been corrected and restored in W/No. 6 & 7 of Narayanpur G.P. * * * * Para. 5- It is fact that prior to delimitation of G.P., A.P. & Z.P. constituencies the revenue village Narainpur Pt-II was under Chandpur Ujankupa G.P. and after delimitation the revenue village Narainpur Pt-II has come under Narayanpur G.P. under No. 122, Algapur Katlicherra LAC. Para. 6- On seeing the inadvertent entry of the population of revenue village Narainpur Pt-II under W/No. 2 & 3 in Chandpur-Boalipar G.P. instead of Narayanpur G.P., the petitioner No. 1, Sabbir Ahmed Choudhury & others submitted an application on 19.09.2024 to the respondent No. 7, praying for inclusion of revenue villages Ujankupa Pt-II, Chakchandpur, Chandpur, Narainpur Pt-I, Narainpur Pt-II, Itorkandi Pt-I under their old G.P. i.e. Chandpur-Ujankupa G.P. and they also submitted an application on 30.12.2024 to the respondent No. 9 stating that the village Narainpur Pt-II was included as W/No. 6 of Narayanpur G.P. but unfortunately it appears in final part of electoral roll the village Narainpur Pt-II was included under Chandpur- Boalipar G.P. as W/No. 2 & 3 of the said G.P. and they prayed for correction of the same. Accordingly, on the basis of application dated 19.09.2024 Narainpur Pt-II & Itorkndi Pt-I has been included in Narainpur G.P. [which was earlier Chandpur-Ujankupa G.P.] and on the basis of application dated 30.12.2024 the revenue village Narainpur Pt-II has been included under Narayanpur G.P., as W/No. 6 & 7 as desired by the petitioners. The corrected electoral Roll of revenue village Narainpur Pt-II [P.S. No. 76 & 77] are enclosed herewith as Annexure-A & B and the application dated 19.09.2024 & 30.12.2024 are enclosed herewith as Annexure-C & D. * * * * Para.11- That, in final electoral roll of revenue village Narainpur Pt-II a total population of 1062 was inadvertently assigned in W/No. 2&3 under Chandpur-Boalipar G.P. but there was an opportunity for correction, deletion and entries of aggrieved persons in a specific form, accordingly corrections were made. In respect of the petitioners’ case their grievance in respect of wrong entry of W/No. 6 of Narainpur G.P. as W/No. 2 & 3 of Chandpur-Boalipar G.P. has been corrected as W/No. 6 with a total population of 880 and W/No. 7 including a total population of 182 from Narainpur Pt-II under Narayanpur G.P., as such, the petitioners grievances has already been solved. 5. Mr. Choudhury, learned counsel for the petitioners, who has received a copy of the Communication bearing no. 5. Mr. Choudhury, learned counsel for the petitioners, who has received a copy of the Communication bearing no. HZP.2011/WP[C]37/2025/29 dated 04.02.2025 of the Chief Executive Officer, Hailakandi [the respondent no. 7], has submitted, after going to the same, that if the actions have been taken as per the para-wise comments then the petitioners grievances have been effectively redressed and there could not be any surviving cause of action to proceed with the writ petition. 6. Having regard to the submissions made by the learned counsel for the parties on the aspect that the grievances of the petitioners have been effectively redressed, there is no surviving cause of action to proceed with the writ petition, and accordingly, the writ petition is closed. It is further observed that the petitioners would be at liberty to seek appropriated remedy in the event of any fresh cause of action. 7. The para-wise comments furnished by the Chief Executive Officer, Hailakandi vide Communication no. HZP.2011/WP[C]37/2025/29 dated 04.02.2025 is kept as part of the case records by marking as Document-‘X’.