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2025 DIGILAW 578 (GAU)

Sanjib Yadav S/o Late Gouri Sankar Yadav v. State of Assam

2025-04-02

MANISH CHOUDHURY

body2025
ORDER : MANISH CHOUDHURY, J. Heard Mr. A.H.M.R. Choudhury, learned counsel for the petitioner; Mr. K.Konwar, learned Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 3 & 4; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent no. 2. 2. On perusal of the pleadings as well as the prayer made in the writ petition, it is found that the petitioner is making a prayer for the petitioner as well as thirty three other persons as aggrieved persons. Considering the nature and scope of a writ petition, this Court is only examining the cause espoused by the petitioner on his behalf in this writ petition. 3. The petitioner has stated that he was earlier a voter from Ward no. 1 under Lalcherra Gaon Panchayat, District – Karimganj [presently, Sri Bhumi]. After a delimitation exercise taken by the State Government, the Gaon Panchayat wards/constituencies within Lalcherra Gaon Panchayat and other Gaon Panchayats in Karimganj district have been reconstructed have been reconstituted. After the delimitation of Gaon Panchayat/wards, the final electoral roll have been published on 28.12.2024. In the electoral roll so published, the petitioner and his family members have been included in Ward no. 5 [Chamtilla] of Veterbond Gaon Panchayat. The petitioner’s grievance is that the other households of erstwhile Ward no. 1 have not been included in Ward no. 5 [Chamtilla] of Veterbond Gaon Panchayat. Meaning thereby, the petitioner only has been picked up for inclusion in Ward no. 5 [Chamtilla] of Veterbond Gaon Panchayat. Assailing the said action as arbitrary, the petitioner has already submitted a representation before the respondent no. 4 on 30.01.2025. As the said representation has not yet been given consideration, the petitioner has approached this Court by the instant writ petition. 4. Mr. Konwar and Mr. Dubey appearing for the official respondents have submitted that since the petitioner has stated that he has submitted a representation before the respondent no. 4 on 30.01.2025, the writ petition can be disposed of with a direction to the respondent no. 4 to give consideration to the said representation. 5. The Assam State Election Commission on 17.01.2025 issued a letter to the jurisdictional Deputy Commissioners, granting them the authority for rectification in the final Panchayat Electoral Rolls. 6. Since the representation dated 30.01.2025, stated to have been filed by the petitioner before the respondent no. 4 to give consideration to the said representation. 5. The Assam State Election Commission on 17.01.2025 issued a letter to the jurisdictional Deputy Commissioners, granting them the authority for rectification in the final Panchayat Electoral Rolls. 6. Since the representation dated 30.01.2025, stated to have been filed by the petitioner before the respondent no. 4 has not been given consideration, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent no. 4 to take the said representation on board and thereafter, dispose of the same after giving due consideration to the grievances raised by the petitioner in the said representation and in accordance with the relevant records relating to delimitation of constituencies/wards of the concerned Gaon Panchayats. It is accordingly ordered. It is further observed that the representation should be disposed of as expeditiously as possible, within an outer limit of 15 days from the date of submission of a copy of this order by the petitioner at the office of the respondent no. 4. It is further observed that this Court has not made any observation as regards the merits of the claim of the petitioner and the respondent no. 4 has to consider the representation of the petitioner in its own merits and as per the relevant records and in accordance with law.