Page No.# 1/5 GAHC010002342025 2025:GAU-AS:559 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/36/2025 MIRAJ ALI AND ANR S/O- HUSSAIN ALI, R/O- VILLAGE LAILURI, P.S- RUPAHIHAT, P.O- LAILURI, DIST- NAGAON, ASSAM, PIN-782120 2: AMRAN HUSSAIN S/O-ABUL BASAR R/O- VILLAGE LAILURI P.S- RUPAHIHAT P.O- LAILURI DIST- NAGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER TO THE GOVT. OF ASSAM COMMISSIONERATE OF PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI- 781037 3:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY THE SECRETARY DOWN TOWN DISPUR Page No.# 2/5 GUWAHATI-06 4:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF THE DISTRICT DELIMITATION COMMISSION NAGAON (ASSAM) PIN- 782001 5:THE CHIEF EXECUTIVE OFFICER NAGAON ZILLA PARISHAD DIST- NAGAON (ASSAM) PIN- 782001 6:THE DISTRICT ELECTION OFFICER DIST- NAGAON (ASSAM) PIN- 782001 7:THE ELECTORAL REGISTRATION OFFICER FOR LAILURI GAON PANCHAYAT CUM BLOCK DEVELOPMENT OFFICER PASCHIM KALIABOR DEVELOPMENT BLOCK DIST- NAGAON (ASSAM) PIN- 78200 Advocate for the Petitioner : ALHAJJ I UDDIN, H M I HOQUE,MR ROBIUL HOQUE,MRS. R MOMTAZ Advocate for the Respondent : GA, ASSAM, SC, ELECTION COMMISSION.,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 20-01-2025 Heard Mr. A.I. Uddin, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 2, 4 & 5; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission Page No.# 3/5 for the respondent nos. 3, 6 & 7. 2. In view of the limited nature of grievance raised by the petitioners in the instant writ petition and as agreed to by the learned counsel for the parties, this writ petition is taken up for final consideration at the motion stage itself. 3. The case of the two petitioners is that they are permanent inhabitants of Part no. 14, Ward no. 4 of No. 55 Lailuri Gaon Panchayat under No. 6 Paschim Koliabor Anchalik Panchayat within Ambagan Zila Parishad, District – Nagaon. 4. The petitioners have stated that in the Electoral Roll published for 57 No. Koliabar Legislative Assembly Constituency [LAC], published on 29.10.2024, their names are included in Village – Lailuri, P.O. - Ambagan, P.S. - Samaguri, Block - Laokhowa, District – Nagaon. But in the Electoral Roll published for Ward No. 4, 55 No. Lailuri Gaon Panchayat under 6 No. Paschim Koliabor Anchalik Panchayat within 31/9 Ambagan Zila Parishad, the petitioners’ names are found to be omitted. 5. It is submitted by the learned counsel for the petitioners that as per sub- rule [2] of Rule 12 of the Assam Panchayat [Constitutions] Rules, 1995, as amended, the Electoral Roll prepared for the Assam Legislative Assembly under the provisions of the Representation of the Peoples Act, 1951 should be the basis for the electoral rolls also for the Panchayati Raj Institutions Elections and as the petitioners’ names are included in the Electoral Roll of 57 No. Koliabar Legislative Assembly Constituency, their names ought to have been included in the Electoral Roll for the Panchayati Raj Institutions Election also. 6. Both Mr. Konwar and Mr. Dubey appearing for their respective respondent authorities have conjointly submitted that the projection made by the petitioners Page No.# 4/5 regarding omission of their names from the Electoral Rolls could be a matter which can be enquired into by the respondent no. 3 in consultation with the respondent no. 6 in the event the petitioners submit a representation highlighting such grievance. 7. Mr. Uddin, learned counsel for the petitioners has submitted that the petitioners can submit an appropriate representation before the said authorities within a week from today. 8. In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner, this Court is of the considered view that instead of keeping this writ petition pending and in view of the limited nature of grievance raised by the petitioners which would require factual determination on the basis of records available at the disposal of the respondent no. 3 and the authorities under it, the same can be disposed of granting liberty to the petitioners to submit an appropriate representation with the supporting documents, highlighting their grievances regarding omission of their names from the Electoral Rolls before the respondent no. 3 within a period of 1 [one] week from today. It is accordingly ordered. It is further observed that in the event the petitioners submit a representation before the respondent no. 3 within the said period, the respondent no. 3, after taking the representation on board, shall proceed to consider the same on the basis of the records available at its disposal and if required, in consultation with the respondent no. 6, shall, thereafter, pass a reasoned order within a period of 2 [two] weeks from the date of receipt of such representation, intimating the outcome to the petitioners forthwith thereafter. It is accordingly ordered. 9. With the observations made and directions given above, this writ petition Page No.# 5/5 stands disposed of. JUDGE Comparing Assistant