Page No.# 1/5 GAHC010002222025 2025:GAU-AS:7764 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/56/2025 RIAZ UDDIN AND 2 ORS S/O- LATE MOTOSIN ALI, VILL- ARJUNPUR, P.O.- BARAIGRAM, P.S.- PATHERKANDI, DIST.- SRI BHUMI (ASSAM). 2: ATAUR RAHMAN S/O- LATE MOBARAK ALI VILL.- SHERPUR PT.II P.O.- BARAIGRAM DIST.- SRI BHUMI (ASSAM). 3: ANOWAR HUSSAIN S/O- NAZIR ALI VILL- SHERPUR PT. I P.O.- BARAIGRAM DIST. SRI BHUMI (ASSAM) VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY Page No.# 2/5 DISPUR GUWAHATI-06. 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI- 37. 4:THE CHIEF ELECTORAL OFFICER ASSAM BLOCK-C 4TH FLOOR JANATA BHAWAN DISPUR GUWAHATI ASSAM- 781006. 5:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER SRI BHUMI (ASSAM) PIN- 788710. 6:THE ELECTION OFFICER SRIBHUMI (ERSTWHILE KARIMGANJ) ASSAM PIN- 788710. 7:THE ELECTORAL REGISTRATION OFFICER TILABARI-BANDARKUNA ZPC UNDER 124 SOUTH KARIMGANJ LAC SRIBHUMI ASSAM. 8:THE ASSISTANT ELECTORAL REGISTRATION OFFICER MOINA GAON PANCHAYAT SRIBHUMI ASSAM Advocate for the Petitioner : MR. N H BARBHUIYA, MS. S. DEY Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, ASEC BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY Page No.# 3/5 O R D E R 13.06.2025 1. Heard Mr. NH Barbhuiya, learned counsel for the petitioners. Also heard Ms. P Barua, learned counsel for the respondent No. 4, Mr. AK Ghose, learned counsel on behalf of Mr. K Konwar, learned Additional Advocate General representing respondent Nos. 1 & 3 to 7 and Mr. R Dubey, learned Assam State Election Commission for the respondent No. 2. 2. The petitioners are residents under 94 No. Sherpur Gaon Panchayat in the district of Sribhumi, Assam. The petitioners claim that while publishing the final electoral roll on 28.12.2024, there were serious discrepancies, which are highlighted in the paragraph No. 12 of this writ petition. In the meantime, based on such final electoral roll, election to the 94 No. Sherpur Gaon Panchayat has already been concluded, results were declared and the Panchayat has also been formed. 3. From the statement made at paragraph 12 of the writ petition what have emerged is that though the members of families are shown to be residents of one household, but some of the family members are shown to be deleted and transferred from the electoral roll. In case of three others, their names are shown deleted/ transferred. It is their grievance that the final electoral roll is based on arbitrary and discriminatory proceeding. 4. At this stage, Ms. Barua, learned standing counsel for the Election Commission of India submits that the petitioners can approach the Deputy Commissioner/ Election Officer by filing individual rectification application highlighting their grievance with the supporting documents, so that the said authorities can look into the grievances of the petitioners individually. She has further submitted that to rectify such situation, the Assam State Election Page No.# 4/5 Commission has already issued a Communication on 17.01.2025 to the concerned District Commissioner who, in turn, has accordingly, directed the jurisdictional Electoral Registration Officer/ Assistant Electoral Registration Officer, Panchayat Election to look into such grievances. 5. Having regard to the grievances raised by the petitioners, this court is of the considered view that such grievances of the petitioners are to be looked into by the competent authorities, as it contain factual disputes which would also fall for consideration in the process. This court is of the prima-facie view that if the husband and the wife are residents of the same household, then both of them should have been included in the Electoral Rolls and recorded as voters for the same polling station. Similarly, the names of persons who are voters in the earlier Panchayat Election could not have deleted ordinarily. 6. In such view of the matter, this Court grants liberty to the petitioners to submit their individual rectification application highlighting their respective grievances, as projected in this writ petition, along with all the supporting documents before the Deputy Commissioner/ Election Officer within a period of 14 (fourteen) working days from today and in the event such rectification applications are submitted, the Deputy Commissioner/ Election Officer shall give due consideration to such rectification application in terms of the guidelines issued by the Assam State Election Commission in the Communication dated 17.01.2025, notwithstanding the time-period stipulated therein. The respective authority shall thereafter, dispose of the individual rectification application by passing a speaking order thereon within 30 (thirty) days from the date of receipt of such rectification application and the speaking order so passed on the respective rectification application shall be communicated to the concerned applicant forthwith thereafter. It is accordingly ordered. Page No.# 5/5 7. This order disposes of the writ petition. JUDGE Comparing Assistant