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2025 DAILYLAW 24591 (GAU)

SMTI MINERA KHATUN v. SMTI RIFA ZULKA

I.A.(Civil)/3840/2025 · 2025-11-26

Rajesh Mazumdar

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Judgment text

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Page No.# 1/7 GAHC010256872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3777/2025 SMTI RIFA ZULKA W/O SRI SOFIQUL ISLAM VILL- NAYERALGA PT.IV, P.O. NAYERALGA DIST. DHUBRI, ASSAM 2: SRI ROBIUL ISLAM S/O SHEIKH ABDULLAH VILL- NAYERALGA PT. III P.O. NAYERALGA DIST. DHUBRI ASSAM 3: SRI NURUDDIN AHMED S/O SRI NOWSHAD ALI SK. VILL- DUDHNATH HILL P.O. TILAPARA DIST. DHUBRI ASSAM 4: SMTI. SOBURA KHATUN W/O SRI SUKUR ALI VILL- KAJAIKATA PT.I P.O. BILASIPARA DIST. DHUBRI ASSA VERSUS SMTI MINERA KHATUN W/O SRI HABIJUL ISLAM VILL- DHIRERCHAR PT.I P.O. CHAPAR DIST. DHUBRI, ASSAM 2:THE STATE OF ASSAM REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT Page No.# 2/7 DISPUR GUWAHATI 06 3:THE ASSAM STATE ELECTION COMMSSION REPRESENTED BY THE SECRETARY PANJABARI GUWAHATI-781037. 4:THE DISTRICT COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783001. 5:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE P.O. AND DIST. DHUBRI ASSAM PIN-783001. 6:THE EXECUTIVE OFFICER NAYERALGA ANCHALIK PANCHAYAT P.O. NAYERALGA DIST. DHUBRI ASSAM PIN-783348 7:SMTI. MONOWARA KHATUN (A.P. MEMBER FROM MAYARCHAR G.P. )W/O ROFIQUL ISLAM AKOND VILL- MAYERALGA DIST. DHUBRI ASSAM PIN-783348 8:SMTI. CHAINA KHATUN (A.P. MEMBER FROM GUTIPARA G.P.) D/O SRI NAYA MIAHVILL- GUTIPARA PT.IV P.O. GUTIPARA DIST. DHUBRI ASSAM PIN-783349. 9:SMTI. KHURSHIDA BEGUM (A.P. MEMBER FROM PUTHIMARI G.P. ) W/O SRI NAZIR HUSSAIN VILL- SHIMLABARI PT.IV P.O. CHAPAR DIST. DHUBRI ASSAM PIN-783371. Page No.# 3/7 10:SMTI. AFRUZA KHATUN (A.P. MEMBER FROM MOSLAPARA G.P. ) W/O SRI SAYED ALI VILL- SADHUVASHA PT.I P.O. MAKRIJHORA DIST. DHUBRI ASSAM PIN-783349. 11:SRI FULBOR ALI MONDAL (A.P. MEMBER FROM CHAR HATIPOTA G.P.) S/O SRI SHAJAHAN ALI MONDAL VILL- KATHALDI PT.III P.O. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348 12:SRI NUR ISLAM (A.P. MEMBER OF BAHIR SUAPATA G.P.) SON OF SRI HAZRAT ALI VILL- KAZAIKATA PT. 4 P.O. KAZAIKATA DIST. DHUBRI ASSAM PIN-783348 Advocate for the Petitioner : MR. D A KAIYUM, MR. M S MONDAL,MR A ALIM SK Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, ELECTION COMMISSION.,MR. A A R KARIM (R-6,7,9,10,11),MR M HOQUE (R-6,7,9,10,11),MR. R ISLAM (R-8) Linked Case : I.A.(Civil)/3840/2025 SMTI MINERA KHATUN W/O SRI HABIJUL ISLAM VILL- DHIRERCHAR PT.I P.O. CHAPAR DIST. DHUBRI ASSAM VERSUS Page No.# 4/7 SMTI RIFA ZULKA W/O SRI SOFIQUL ISLAM VILL- NAYERALGA PT.IV P.O. NAYERALGA DIST. DHUBRI ASSAM 2:SRI ROBIUL ISLAM S/O SHEIKH ABDULLAH VILL- NAYERALGA PT. III P.O. NAYERALGA DIST. DHUBRI ASSAM 3:SRI NURUDDIN AHMED S/O SRI NOWSHAD ALI SK. VILL- DUDHNATH HILL P.O. TILAPARA DIST. DHUBRI ASSAM 4:SMTI. SOBURA KHATUN W/O SRI SUKUR ALI VILL- KAJAIKATA PT.I P.O. BILASIPARA DIST. DHUBRI ASSAM 5:THE STATE OF ASSAM REP BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI 781006 6:THE ASSAM STATE ELECTION COMMSSION REPRESENTED BY THE SECRETARY PANJABARI GUWAHATI-781037. 7:THE DISTRICT COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783001. 8:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE P.O. AND DIST. DHUBRI ASSAM PIN-783001. Page No.# 5/7 9:THE EXECUTIVE OFFICER NAYERALGA ANCHALIK PANCHAYAT P.O. NAYERALGA DIST. DHUBRI ASSAM PIN-783348 10:SMTI. MONOWARA KHATUN (A.P. MEMBER FROM MAYARCHAR G.P. )W/O ROFIQUL ISLAM AKOND VILL- MAYERALGA DIST. DHUBRI ASSAM PIN-783348 11:SMTI. CHAINA KHATUN (A.P. MEMBER FROM GUTIPARA G.P.) D/O SRI NAYA MIAHVILL- GUTIPARA PT.IV P.O. GUTIPARA DIST. DHUBRI ASSAM PIN-783349. 12:SMTI. KHURSHIDA BEGUM (A.P. MEMBER FROM PUTHIMARI G.P. ) W/O SRI NAZIR HUSSAIN VILL- SHIMLABARI PT.IV P.O. CHAPAR DIST. DHUBRI ASSAM PIN-783371. 13:SMTI. AFRUZA KHATUN (A.P. MEMBER FROM MOSLAPARA G.P. ) W/O SRI SAYED ALI VILL- SADHUVASHA PT.I P.O. MAKRIJHORA DIST. DHUBRI ASSAM PIN-783349. 14:SRI FULBOR ALI MONDAL (A.P. MEMBER FROM CHAR HATIPOTA G.P.) S/O SRI SHAJAHAN ALI MONDAL VILL- KATHALDI PT.III P.O. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348 Page No.# 6/7 15:SRI NUR ISLAM (A.P. MEMBER OF BAHIR SUAPATA G.P.) SON OF SRI HAZRAT ALI VILL- KAZAIKATA PT. 4 P.O. KAZAIKATA DIST. DHUBRI ASSAM PIN-783348. ------------ Advocate for : MR J I MONDAL Advocate for : SC P AND R.D. appearing for SMTI RIFA ZULKA BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 27-11-2025 Heard Mr. D.A Kaiyum, learned counsel appearing for the applicant in I.A.(C) No. 3777/2025 and the petitioner in WP(C) No. 4272/2025. Also heard Mr. A.A.R Karim, learned counsel for the respondent No. 6, 7, 9 & 10 and Mr. Rakesh Dubey, learned counsel appearing for the respondent No.3. The applicants in this I.A(C) are the four writ petitioners and who have submitted that the petitioner No.3 in the original writ petition has expressed her unwillingness continue to pursue the present writ petition. The Interlocutory Application is supported by a letter dated 17.10.2025 issued to the learned counsel appearing for the writ petitioner wherein, the opposite party No.1 who was the original writ petitioner No.3 has made a request to withdraw her name as the petitioner No.3 as she is not interested to continue as the party in the writ petition. Mr. D.A. Kaiyum, learned counsel for the applicant has assured this Court that signature appearing on the said annexure are the signature of the petitioner No.3 who signed in his presence. Another I.A(C) No. 3840/2025 has been preferred by the writ petitioner No.3, Page No.# 7/7 wherein a prayer has been made not only to be allowed to withdraw her name as the petitioner No.3 but also issue notice to the opposite party namely, the writ petitioners in the original writ petition as to why necessary action shall not be taken for forging signature of the applicant while filing the writ petition. One prayer common to both the Interlocutory Applications is allowing the petitioner No.3 to withdraw from the writ petition. Therefore, in ordinary course, we would have allowed the petitioner No.3 to withdraw herself from the writ petition and the matter would rest thus. However, there are allegations of forgery imputed upon by the petitioner No.3 upon the other writ petitioners. In such view of the matter, this Court allows the prayer of the petitioner No.3 to withdraw herself from pursuing this writ petition. The liberty shall however remain with the petitioner No.3/applicant in the I.A.(C) No. 3840/2025 to pursue her such remedy for redressal of their grievance, if any, regarding the allegations of forgery of her signature while filing the writ petition. Since the I.A(C) No. 3840/2025 has been allowed no adjudication in I.A(C) No. 3777/2025 is required and accordingly it stands closed. Both the Interlocutory Applications stand disposed of. JUDGE Comparing Assistant