Page No.# 1/7 GAHC010003262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/84/2025 KHURSHID ALAM AND 4 ORS S/O LATE HAKIM ALI, R/O VILL- DALGAON KHUTI, P.O.-DALGAON, P.S.- DALGAON, DIST- DARRANG, ASSAM 2: MAKSHED ALI S/O LATE SULEMAN ALI R/O VILL- DALGAON KHUTI P.O.-DALGAON P.S.-DALGAON DIST- DARRANG ASSAM 3: RAJIQUL ISLAM S/O ABDUL RAHMAN R/O VILL- DALGAON KHUTI P.O.-DALGAON P.S.-DALGAON DIST- DARRANG ASSAM 4: USMAN ALI S/O IBRAHIM ALI R/O VILL- DALGAON KHUTI P.O.-DALGAON P.S.-DALGAON DIST- DARRANG ASSAM 5: MUSLIM ALI S/O LATE JAINAL ABDIN R/O VILL- DALGAON KHUTI P.O.-DALGAON P.S.-DALGAON DIST- DARRANG Page No.# 2/7 ASSA VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-781006 3:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GUWAHATI-781006 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT PANJABARI JURIPAR ASSAM GUWAHATI-781037 5:THE DIRECTOR STATE INSTITUTE OF PANCHAYAT AND RURAL DEVELOPMENT KHANAPARA ASSAM GUWAHATI-781022 6:THE SECRETARY ASSAM STATE ELECTION COMMISSIONER DOWN TOWN DISPUR ASSAM GUWAHATI-781006 7:THE DEPUTY COMMISSIONER OF DARRANG MANGALDOI ASSAM PIN-784125 8:THE CHIEF EXECUTIVE OFFICER DARRANG ZILA PARISHAD MANGALDOI ASSAM PIN-784125 Page No.# 3/7 9:THE CIRCLE OFFICER DALGAON REVENUE CIRCLE DALGAON ASSAM PIN-784116 10:THE EXECUTIVE OFFICER -CUM- BLOCK DEVELOPMENT OFFICER BECHIMARI DEVELOPMENT BLOCK NAWMATI GAON ASSAM PIN-78451 Advocate for the Petitioner : MR. J AHMED, MR B ISLAM,MR. F A HASSAN,MR. P A AHMED Advocate for the Respondent : SC, P AND R.D., SC, A S E C,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 21-02-2025 Heard Mr. J. Ahmed, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam and Senior Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 2, 3, 4, 5, 7, 8, 9 & 10; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent no. 6. 2. The 5 [five] petitioners, who have approached this Court by this writ petitioners are, : – [i] Khurshid Alam [the petitioner no. 1]; [ii] Makshed Ali [the petitioner no. 2]; [iii] Rajiqul Islam [the petitioner no. 3]; [iv] Usman Ali [the petitioner no. 4]; and [v] Muslim Ali [the petitioner no. 5]. Page No.# 4/7 3. The petitioners have claimed that as per the delimitation process carried out by the Election Commission of India for Legislative Assembly Constituencies, the names of all the petitioners were included in the electoral rolls for the Revenue Village – Dalgaon Khuti as they are permanent residents of the said village. The grievance of the petitioners is that out of the 5 [five] petitioners, the names of two petitioners viz. Khurshid Alam [the petitioner no. 1] and Rajiqul Islam [the petitioner no. 3] have found their names included in the electoral roll for the Revenue Village – Kakal Bhangi Jugi Gaon. 4. Mr. Ahmed, learned counsel for the petitioners has submitted that the petitioners highlighting their said grievance, had already submitted a representation before the District Commissioner, Darrang on 17.12.2024. As the said representation appeared to have not given any consideration, the petitioners have to approach this Court seeking redressal of their grievance. 5. The Panchayat and Rural Development Department, Government of Assam has published a Notification on 15.10.2024 in exercise of the powers conferred by Section 5[2] of the Assam Panchayat Act, 1994, as amended, notifying the Gaon Panchayats along with their corresponding villages under Darrang District. As per the said Notification, No. 5 Baruajhar Gaon Panchayat consists of 8 [eight] villages, [a] Batabari, [b] Dalgaon Khuti, [c] Dowarpara, [d] Jamalpur, [e] Kahibari, [f] Kakal Bhangi Jugi Gaon, [g] No. 5 Baruajhar and [h] Sarichabari. 6. Mr. Konwar, learned Additional Advocate General, Assam, on the basis of instructions received, has submitted that the Representation of the petitioners Page No.# 5/7 has already been forwarded to the concerned Electoral Registration Officer for necessary action in accordance with the guidelines of the Assam State Election Commission. He has submitted that after receipt of the report from the concerned Electoral Registration Officer, the matter would be examined and considered in consultation with the Assam State Election Commission. 7. At an earlier point of time, the Assam State Election Commission issued a Circular on 17.01.2025 laying down the procedure for carrying out genuine rectifications in the Final Panchayat Electoral Roll as per the delimitation notification. It has been highlighted that rectification request application can be submitted with details mentioned below :- [i] Briefly highlight the specific reason for rectification in the Gaon Panchayat Ward [along with the Police Station] where the changes are required. [ii] Elector assigning/un-assigning issues : If any elector has been wrongly assigned to another polling station or constituency in violation of the delimitation notification, the rectification request must be verified and certified by the concerned District Commissioner. In case of large number of assigning/un-assigning of electors a justification from the concerned ERO must be enclosed. [iii] Claims and objections regarding shifting/deletion of electors during the Claims and Objections period, the request must indicate the EPIC [Elector’s Photo Identity Card] number of the concerned elector. 8. Having regard to the grievances raised by the petitioners herein, more particularly, that of the petitioner no. 1 and the petitioner no. 3, with regard to inclusion of their names in the electoral rolls in respect of ‘Kakal Bhangi Jugi Gaon’ instead of Dalgaon Khuti and the fact that the jurisdictional Electoral Page No.# 6/7 Registration Officer, Panchayat Election is already considering the representation of the petitioners, this Court is of the considered view that such grievances of the petitioners are to be looked into by the competent authorities including the jurisdictional Electoral Registration Officer, Panchayat Election as it contains factual disputes, which would fall for consideration in the process. It further transpires that factual disputes would fall for consideration of the process qua the territorial limits of the respective revenue villages/wards of the concerned Gaon Panchayat. In such view of the matter, this Court is of the considered view that since the jurisdictional Electoral Registration Officer is seisein of the matter and is examining the representation of the petitioners, liberty should be granted to the petitioners to appear before the jurisdictional Electoral Registration Officer to present their cases as regards inclusion of their names in the electoral rolls in respect of ‘Kakal Bhangi Jugi Gaon’ instead of ‘Dalgaon Khuti’ and if the petitioners appear before the jurisdictional Electoral Registration Officer, Panchayat Election, the said authority shall give personal hearing to the petitioners and examine the case of the petitioners on the basis of the records and after hearing the stakeholders and thereafter, dispose of the representation by way of a speaking order. 9. To facilitate the jurisdictional Electoral Registration Officer, Panchayat Election to dispose of the representation, the petitioners shall appear before him within ten days from today and the jurisdictional Electoral Registration Officer, Panchayat Election shall dispose of the representation by way of a speaking order within a period of two weeks from the date of such appearance of the petitioners. The order which will be passed by the jurisdictional Electoral Registration Officer, Panchayat Election on the representation, shall be Page No.# 7/7 communicated to the petitioners forthwith thereafter. 10. A copy of this order be furnished to Mr. Konwar, learned Additional Advocate General, Assam for taking necessary steps from his end. JUDGE Comparing Assistant