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2025 DAILYLAW 22295 (GAU)

FULJAN NESSA v. THE UNION OF INDIA AND 7 ORS

I.A.(Civil)/4070/2024 · 2025-01-05

Kalyan Rai Surana, Susmita Phukan Khaund

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010276342024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4070/2024 FULJAN NESSA D/O- LATE HUSEN ALI, W/O- JAYNAL ABEDIN, R/O- VILL- KAJIAMATI, P.S- GOBARDHANA, DIST- BARPETA, ASSAM VERSUS THE UNION OF INDIA AND 7 ORS REP. BY THE SECRETARY TO THE MIN OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI, PIN- 110001 2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 781006 4:THE DEPUTY COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN- 781301 5:THE SUPERINTENDENT OF POLICE (B) BAKSA MUSHALPUR DIST- BARPETA Page No.# 2/5 ASSAM PIN- 781372 6:THE STATE COORDINATOR OF NRC ASSAM P.O AND P.S- BHANGAGARH GHY- 05 7:THE DEPUTY COMMISSIONER BAKSA AT MUSHALPUR DISTRICT BAKSA ASSAM PIN 781372. 8:THE SUPERINTENDENT OF POLICE (B) BAKSA AT MUSHALPUR DISTRICT BAKSA ASSAM PIN 78137 Advocate for the Petitioner : MR. S ISLAM, MR. S A AHMED Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ELECTION COMMISSION. Linked Case : WP(C)/652/2019 FULJAN NESSA D/O- LATE HUSEN ALI W/O- JAYNAL ABEDIN R/O- VILL- KAJIAMATI P.S- GOBARDHANA DIST- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY TO THE MIN OF HOME AFFAIRS GOVT OF INDIA NEW DELHI PIN- 110001 Page No.# 3/5 2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 781006 4:THE DEPUTY COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN- 781301 5:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM PIN- 781301 6:THE STATE COORDINATOR OF NRC ASSAM P.O AND P.S- BHANGAGARH GHY- 05 ------------ Advocate for : MR. S ISLAM Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 06.01.2025 (K.R. Surana, J) Heard Mr. S. A. Ahmed, learned counsel for the applicant. Also heard Mr. K. K. Parasar, learned CGC for the respondent No.1; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India, for the respondent No.2; Ms. A. Verma, learned Standing Counsel, FT matters, for the respondent Nos. 3 and 5; Mr. P. Sarmah, learned Addtional Senior Government advocate appearing for the respondent No. 4 and Mr. G. Sarma, learned Standing Counsel for the respondent No.6. 2. By filing this interlocutory application, the applicant is seeking the impleadment of opposite party Nos. 7 and 8 as respondent Nos. 7 and 8 in the connected WP(C) 652/2019. It is submitted that the residential address of the applicant was earlier in the District of Barpeta, which is now under territorial jurisdiction of the District of Baksa, for which the impleadment is necessitated. 3. Mr. P. Sarmah, learned Additional Senior Government advocate has submitted that the nomenclature of the opposite party No. 7 does not exist so accordingly, the learned counsel for the applicant is permitted to submit a freshly typed out cause-title in respect of respondent No. 7 and furnish the same to the AOJ (FT Section) within 07.01.2025. On receipt of the same the amended cause-title shall be in corporated in this Page No.# 5/5 application. 4. It is made clear that in default of the learned counsel for the applicant to submit the amended cause-title, the order proposed to be passed shall stand recalled and treated as nonest. 5. Subject to the amendment of the cause-title in respect of the opposite party No.7, considering the explanation rendered this interlocutory application for the impleadment of opposite party Nos. 7 and 8 as respondent Nos. 7 and 8 in the connected WP(C) No. 652/2019 stands allowed. 6. Subject to conditions as mentioned in paragraphs 3 and 4 above, this interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant