SOLEMAN FAKIR @ SALMAN FAKIR v. THE UNION OF INDIA AND 6 ORS.
WP(C)/2497/2024 · 2025-05-13
Kalyan Rai Surana, Malasri Nandi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 10706 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 10706 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010077082024
2025:GAU-AS:5934- DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2497/2024 SOLEMAN FAKIR @ SALMAN FAKIR S/O- LATE AKKU FAKIR, VILLAGE- KAJAIKATA PART-V, P.S.- BILASIPARA, DISTRICT- DHUBRI, ASSAM, PIN- 783348. VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
NEW DELHI-01. 3:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
HOME AND POLITICAL DEPARTMENT DISPUR
GUWAHATI-6. 4:THE DISTRICT COMMISSIONER/ CUM DISTRICT ELECTION OFFICER/ CUM DISTRICT ELECTORAL OFFICER DISTRICT- DHUBRI ASSAM. Page No.# 2/4 5:THE CHIEF ELECTORAL OFFICER HOUSEFED COMPLEX BELTOLA ROAD
GUWAHATI- 781006. 6:THE ELECTORAL REGISTRATION OFFICER 26 BILASIPARA WEST L.A.C.
DIST- DHUBRI. 7:THE SUPERINTENDENT OF POLICE (B) DISTRICT- DHUBRI ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MRS H AHMED,MR F U BARBHUIYA Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 14.05.2025 (K.R. Surana, J) None appears on call for the petitioner. 2. Mr. A. I. Ali, learned Standing Counsel for ECI, Mr. J. Payeng, learned Standing Counsel for FT matters and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State are present. Page No.# 3/4
3. Mr. A. I. Ali, learned Standing Counsel for Election Commission of India has submitted that pursuant to order dated 02.08.2021 passed by this Court in WP(C) No. 716/ 2021, the Election Commission of India has taken steps, for removal of
“D” mark in respect of the petitioner, namely, Soleman Fakir @ Salman Fakir and the same will be reflected after the Final Publication of E-Roll 2026 after the upcoming Summary Revision as regular Voter. 4. The learned Standing Counsel for Election Commission of India has further submitted that as per written instructions dated 14.05.2025, received by him, prior to the current exercise of delimitation, the name of the petitioner was listed under 26- Bilasipara West LAC and subsequent to the delimitation process, the name of the petitioner has been included under No.7- Gauripur LAC. It is submitted that due to the said process some delay has occurred. 5. A copy of communication no. DEL.
13/2025 dated 14.05.2025 address to the learned Standing Counsel for the ECI by the Election Officer, Dhubri is made a part of record. 6. Under the circumstances, no live issue remains in the present writ petition. 7. Accordingly, in view of the contents of the hereinbefore referred communication dated 14.05.2025, issued by the Election Officer, Dhubri, which is made a part of record, this writ petition stands dispose of. However, with a direction to the Election Officer, Dhubri, to do the needful in terms of his communication for removal of “D’’ mark in respect of the petitioner namely, Soleman Fakir @ Salman Fakir during the Final Publication of Electoral Roll of the year 2026. 8. The learned Standing Counsel for the Election Commission of India shall send a downloaded copy of this order to the Election Officer, Dhubri. Similarly, the
Page No.# 4/4 petitioner shall also serve a certified copy of this order to the Election Officer, Dhubri to bring this order to the notice of the said authority. 9. This writ petition is disposed of. JUDGE JUDGE Comparing Assistant