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2025 DAILYLAW 28095 (GAU)

JAFAR MIYA v. THE ELECTION COMMISSIONER OF INDIA AND ORS

WP(C)/5983/2025 · 2025-10-23

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010225682025 2025:GAU-AS:14188 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5983/2025 JAFAR MIYA S/O. LATE BASER MIYA AND BASER SIKDAR, R/O VILLAGE- NIZ BAHARI P.S TARABARI DISTRICT- BARPETA, ASSAM VERSUS THE ELECTION COMMISSIONER OF INDIA AND ORS NEW DELHI-1 2:THE ELECTION OFFICER BARPETA .. P.S. AND DISTRICT - BARPETA PIN 781301 3:THE DISTRICT COMMISSIONER BARPETA P.O AND DISTRICT- BARPETA ASSAM PIN 781301 4:THE STATE ELECTION COMMISSIONER REPRESENTED BY THE CHIEF ELECTORAL OFFICER GOVT. OF ASSAM DISPUR GUWAHATI-06. 5:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06 Page No.# 2/3 Advocate for the petitioner(s): Mr. AR Sikdar Advocate for the respondent(s): Ms. P Barua, Standing Counsel Election Commission of India Mr. G Bokolial, Govt. Advocate, Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 24.10.2025 Heard Mr. AR Sikdar, the learned counsel appearing on behalf of the petitioner. Ms. P Barua, the learned counsel appears on behalf of the Election Commission of India and Mr. G Bokolial, the learned Govt. Advocate, who appears on behalf of the State of Assam. 2. The petitioner herein has approached this Court being aggrieved at the non- issuance of the certified copy of the Voters’ List of village Kukarpa under 53 No. Sarukhetri LAC of Barpeta district pertaining to Khanda No.133. 3. This Court enquired with Ms. P Barua, the learned Standing Counsel for the Election Commission of India, who also appears on behalf of the respondent Nos.1, 2 and 4 as to why the certified copy of the Voters’ list as sought for by the petitioner cannot be issued to him, taking into account that the voters list is a public document. 4. Ms. P Barua, the learned Standing Counsel submits that the respondents should not have any objection in providing the certified copy. Page No.# 3/3 5. Considering the above, this Court directs the Election Officer Barpeta, who is the respondent No.2 herein to provide the petitioner the certified copy of the Voters’ list of 1971 pertaining to village Kukarpa under 53 No. Sarukhetri LAC of Barpeta district pertaining to Khanda No.133 to the petitioner within 15 days from the date a certified copy of this order is submitted to the respondent No.2. 6. This Court further directs that the petitioner shall be liable to pay the usual fees for the purpose of the certified copy. JUDGE Comparing Assistant