Page No.# 1/6 GAHC010002322025 2025:GAU-AS:2899 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/47/2025 ROFIQUE UDDIN AND 4 ORS S/O- IBRAHIM ALI, VILL- LALACHERRA T.E., P.O. VERNARPUR, P.S. LALA, DIST.- HAILAKANDI (ASSAM), PIN- 788163 2: ANWAR HUSSAIN S/O- LATE SOFIK UDDIN VILL- LALACHERRA T.E. P.O. VERNARPUR P.S. LALA DIST.- HAILAKANDI (ASSAM) PIN- 788163 3: ASROF UDDIN LASKAR S/O- LATE ISHAK ALI LASKAR VILL- NUNAIKHAL GRANT P.O. VERNARPUR P.S. LALA DIST.- HAILAKANDI (ASSAM) PIN- 788163 4: ABDUL KALAM @ ABDUL KALAM LASKAR S/O- TAJ UDDIN VILL- LALACHERRA T.E. P.O. VERNARPUR P.S. LALA DIST.- HAILAKANDI (ASSAM) PIN- 788163 5: NEZAM UDDIN LASKAR S/O- LATE SAKHAT ALI LASKAR VILL- NUNAIKHAL GRANT P.O. VERNARPUR P.S. LALA DIST.- HAILAKANDI (ASSAM) Page No.# 2/6 PIN- 78816 VERSUS THE STATE OF ASSAM AND 5 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 DISPUR GUWAHATI- 06 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI-37 4:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER HAILAKANDI (ASSAM) PIN- 788151 5:THE DISTRICT ELECTORAL REGISTRATION OFFICER HAILAKANDI P.O. AND DISTRICT- HAILAKANDI ASSAM PIN- 788151 6:THE BLOCK DEVELOPMENT OFFICER LALA DEVELOPMENT BLOCK LALA P.O. AMALA DISTRICT- HAILAKANDI ASSAM PIN- 78816 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A H M R CHOUDHURY,MR H I CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.,SC, A S E C Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 18.03.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. H.I. Choudhury, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat & Rural Development Department for the respondent nos. 1, 3, 4 & 6; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2 & 5. 2. The petitioners, five in nos., have joined together to prefer this writ petition primarily with the following grievances, as mentioned in paragraphs 6 to 7 of the writ petition, :- 6. That the petitioners beg to state that in pursuance to the aforesaid notification although the process for delimitation of Gaon Panchayats, Anchalik Panchayats and Zilla Parishads in the district of Hailakandi but the delimitation in respect of petitioners Gaon Panchayat was not carried out and as such, the geographical area, boundary of the G.P and number of population of the Gaon Panchayat was remained as earlier. However, in the draft delimitation of Gaon Panchayat Wards which was published on 11.12.2024 in respect of Lalacherra Gaon Panchayat it was found that the large number of voters who were earlier a voter of one Ward have been changed to another wards without any bonafide reason which creates a serious inconvenience to them. It is more so, even a particular family members have been divided into two or more wards. The entire exercise has been carried out by the District Election Officer as well as the Chairman, District Delimitation Commission –cum- District Commissioner of Hailakandi district at the behest of some local political leaders to achieve their illegal gain. 7. That in context to the above, the petitioners beg to state that the petitioner no. 1, namely, Rofique Uddin was earlier a voter of Ward no. 6 of Lalacherra - Vernarpur Gaon Panchayat. In the draft Voter list, he along with few other voters name has been changed to Ward no. 7 at Sl. no. 405 of the said Gaon Panchayat Page No.# 4/6 and the rest voters were remained under the Ward no. 6. The petitioner no. 1 did not raise any objection due to change of his name from Ward no. 6 to 7 because of the fact that the distance between the Ward No.6 and 7 is minimum which creates no inconvenience to him and others. But surprisingly, in the final voter list published on 28.12.2024, the name of the petitioner no. 1 along with few of his family members have been changed to Ward no. 10 at Sl. no. 786 of the said voter list which is about 15 Km away from his present residence. Similarly, the Petitioner no. 2, namely, Anwar Hussain was earlier a voter of Ward no. 7 and in the draft voter list, he along with about 145 number of voters name have been changed to Ward no. 9 at Sl. no. 72 and rest voters name has been changed to ward no. 10. In the final voter list again, the name of the petitioner no. 2 has been changed along with few others to ward no. 10 at Sl. no. 350 of the said voter list and that too without any hearing to the petitioner. The petitioner no. 3, namely, Asrof Uddin Laskar was earlier a voter of Ward no. 4 and in the draft voter list, he along with his family members were remained in the Ward no. 4 at Sl. no. 664 but surprisingly in the final voter list he along with few of his family members name have been changed to Ward no. 2 at Sl. no. 95 that too without giving any opportunity of hearing. The petitioner no. 4, namely, Abdul Kalam was earlier a voter of Ward no. 9 and in the draft voter list, he along with few voters under Ward no. 9 was changed to Ward no. 7 at Sl. no. 82 and few remained with the Ward no. 9 but in the final voter list the petitioner no. 4 and 9 number of his family members name has been changed to Ward no. 10 at Sl. no. 726 of the said voter list. A similar change also made in respect of petitioner no. 5, namely, Nejam Uddin Laskar who was earlier a voter of Ward no. 5 and in the draft voter list his name has been changed to ward no. 4 at Sl. no. 499 but in the final voter list without affording any opportunity of hearing the name of the petitioner no. 5 along with is family members remained with the Ward no. 4 at Sl. no. 651 of the said voter list. * * * * * Page No.# 5/6 3. Mr. Konwar, learned Additional Advocate General, Assam & Senior learned Standing Counsel, Panchayat & Rural Development Department has submitted that he has received instructions/para-wise comments. On the basis of the instructions/para-wise comments, Mr. Konwar has submitted that the issues raised by the petitioners in the afore-quoted paragraphs 6 to 7 have been examined by the respondent authorities and after examination, it has been found that the changes have occurred due to clerical errors. He has placed the instructions/para-wise comments received from the District Commissioner, Hailakandi vide an Office Letter bearing no. HDPE.16/WP[C] 47/2025/76 dated 19.02.2025, addressed to him. He has submitted that the writ petition can be disposed of with a direction to rectify the clerical errors within a reasonable period of time. 4. The submissions of Mr. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat and Rural Development Department are also supported by Mr. Dubey, learned Standing Counsel, Assam State Election Commission. 5. For ready reference, the instructions/para-wise comments received vide Office Letter bearing no. HDPE.16/WP[C] 47/2025/76 dated 19.02.2025 and placed by Mr. Konwar, are extracted hereinbelow :- Para 6 – It is fact that in respect of some Gaon Panchayat wards of Lalacherra Vernerpur Gaon Panchayat, the name of voters have been enlisted in other wards but they were earlier in another ward which has been occurred due to clerical mistake. Para 7 – The statements made by the petitioners in Para no. 7 sub-para 1, 2, 3, 4 & 5 are correct which has already been admitted in Para no. 6 but such changes has been occurred due to clerical errors and the respondents will rectify the grievances of the petitioners if possible when Online Electoral Roll Management System will be reopen. 6. Since the respondent authorities would rectify the grievances of the petitioners, if possible, when Online Electoral Roll Management System would be reopened, it is ordered Page No.# 6/6 that the respondent authorities shall take all necessary steps to rectify the clerical errors, stated to have occurred in respect of the five petitioners herein, within 2 [two] weeks from today. 7. With the above direction, the writ petition is disposed of. 8. A copy of the Office Letter bearing no. HDPE.16/WP[C] 47/2025/76 dated 19.02.2025, placed by Mr. Konwar, is to be kept with the case records by marking it as Document ‘X’. 9. A copy of this order is to be furnished to Mr. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat & Rural Development Department and Mr. Dubey, learned Standing Counsel, Assam State Election Commission for taking necessary steps from their end. JUDGE Comparing Assistant