Page No.# 1/6 GAHC010003612025 2025:GAU-AS:599 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/150/2025 PROSENJIT DUTTA AND 7 ORS S/O PRADIP KANTI DUTTA, R/O VILL- SINGARIA, P.O.-SINGARIA BAZAR, P.S.-NILAMBAZAR, DIST- SRIBHUMI, ASSAM, PIN-788719 2: SMTI KANTI DUTTA W/O PROSENJIT DUTTA R/O VILL- SINGARIA P.O.-SINGARIA BAZAR P.S.-NILAMBAZAR DIST- SRIBHUMI ASSAM PIN-788719 3: MINTU KANTI DUTTA S/O LATE PRASANN KUMAR DUTTA R/O VILL- SINGARIA P.O.-SINGARIA BAZAR P.S.-NILAMBAZAR DIST- SRIBHUMI ASSAM PIN-788719 4: PRANAB KANTI DUTTA S/O PRADIP KANTI DUTTA R/O VILL- SINGARIA P.O.-SINGARIA BAZAR P.S.-NILAMBAZAR DIST- SRIBHUMI ASSAM PIN-788719 5: BIMALA DUTTA W/O PRANAB KANTI DUTTA R/O VILL- SINGARIA Page No.# 2/6 P.O.-SINGARIA BAZAR P.S.-NILAMBAZAR DIST- SRIBHUMI ASSAM PIN-788719 6: ABHIJIT NATH S/O LATE ABHINASH NATH R/O VILL- SINGARIA P.O.-SINGARIA BAZAR P.S.-NILAMBAZAR DIST- SRIBHUMI ASSAM PIN-788719 7: BIDHAN NATH S/O RAM NATH R/O VILL- SINGARIA P.O.-SINGARIA BAZAR P.S.-NILAMBAZAR DIST- SRIBHUMI ASSAM PIN-788719 8: REBA NATH W/O BIDHAN NATH R/O VILL- SINGARIA P.O.-SINGARIA BAZAR P.S.-NILAMBAZAR DIST- SRIBHUMI ASSAM PIN-78871 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 Page No.# 3/6 JURIPAR GUWAHATI-37 4:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER SRIBHUMI (ASSAM) PIN-788710 5:THE DISTRICT ELECTORAL REGISTRATION OFFICER KARIMGNAJ/SRIBHUMI P.O. AND DIST- SRIBHUMI ASSAM PIN-788710 6:THE BLOCK DEVELOPMENT OFFICER SOUTH KARIMGANJ DEVELOPMENT BLOCK KALIGANJ P.O.-KALIGANJ P.S. AND DIST - SRIBHUMI ASSAM PIN-78872 Advocate for the Petitioner : MR H R CHOUDHURY, S. TALUKDAR Advocate for the Respondent : SC, P AND R.D., SC, S E C BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 21-01-2025 Heard Mr. H.R. Choudhury, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam 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. In view of the limited nature of grievances, which are two-fold, raised by the petitioners in this writ petition and as agreed to by the learned counsel for the parties, this writ petition is taken up for final consideration at the admission stage itself. Page No.# 4/6 3. The petitioners, 8 [eight] in nos., have approached this court by the instant writ petition stating that they have a common cause of action, which has arisen out of an electoral roll published for Singaria Gaon Panchayat. 4. The petitioners have projected that in the electoral roll published for the 124 no. South Karimganj [General] Legislative Assembly Constituency in the year 2024, the names of all the petitioners appeared as voters from the Village - Singaria Part-II, Singaria Goan Panchayat, South Karimganj Block, Neelam Bazaar Revenue Circle, District - Karimganj. As per the petitioners’ contention, the names of all the petitioners appeared against House no. 360 with Serial no. 701, 741, 696, 698, 700, 735, 697 & 699 for the petitioner no. 1 to the petitioner no. 8 respectively. The petitioners have further contended that in the electoral roll published for different wards under Singaria Goan Panchayat, more particularly, Ward no. 2 and Ward no. 3 thereto, recently for the purpose of election of the Panchayati Raj Institutions, the names of the petitioner no. 2, the petitioner no. 4, the petitioner no. 5, the petitioner no. 7 and the petitioner no. 8 are not found enrolled. A contention has also been raised that though in the same electoral roll, the names of the petitioner no. 1, the petitioner no. 3 and the petitioner no. 6 have appeared in Ward no. 3, their names ought to have been enrolled in Ward no. 2. 5. Mr. Dubey, learned Standing Counsel, Assam State Election Commission has submitted that as per sub-rule [2] of Rule 12 of the Assam Panchayat [Constitution] Rules, 1995, where the electoral roll of the Assam Legislative Assembly prepared under the provisions of the representation of the Peoples Act, 1951 is in force on such day as the State Election Commission by general or special order notify in this behalf for such part of the constituency of the Assembly as is included in the Gaon Panchayat or Anchalik Panchayat or the Zilla Parishad, as the case may be, shall be the list of voters for such Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad, as the case may be. He has submitted that the petitioners have claimed that the names of petitioner nos. 2, 4, 5, 7 & 8 have already been enrolled in the electoral roll for 124 no. South Karimganj [General] LAC. He has further submitted that in such obtaining situation, if these petitioners approach the State Election Page No.# 5/6 Commission with a representation supported by the relevant documents, the same can be given due consideration. 6. In so far as grievance raised by the petitioner nos. 2, 3 & 6 is concerned, Mr. Konwar, learned Additional Advocate General, Assam has submitted that the issue would require factual determination on the basis of the territorial limits of Ward no. 2 and Ward no. 3 under Singaria Goan Panchayat. It would be appropriate if these three petitioners approach the District Delimitation Commission through a separate representation highlighting their such grievance with all the supporting documents. 7. Both Mr. Dubey and Mr. Konwar have submitted that if the petitioners approach the respective authorities in the afore-stated manner, a reasonable time period should be given to the authorities to give consideration to such representations and according to them, a period of 2 [two] weeks from the date of receipt of such representation would be a reasonable period. 8. Mr. H.R. Choudhury, learned counsel for the petitioners submitted that the petitioners are ready to approach the authorities, as submitted by the learned counsel for the respondents. 9. In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner and as the two-fold issues raised by the petitioners would require factual determination which is not, ordinarily, to be undertaken in a writ proceeding, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of by granting liberty to the petitioners, as submitted by the learned Counsel for the respondents, to approach the concerned authorities by submitting representations appropriately. It is observed that the petitioner nos. 2, 4, 5, 7 & 8 shall submit a representation before the State Election Commission along with all the supporting documents as regards their claim about deletion of their names from the electoral roll within a period of Page No.# 6/6 10 [ten] days from today and in the event such a representation is submitted, the State Election Commission in consultation with the other appropriate authorities, shall give due consideration to the said representation. The petitioner nos. 1, 3 and 6 in respect of their grievance shall submit a separate representation before the jurisdictional District Delimitation Commission within the same said time period of 10 [ten] days from today. It is further observed that the authorities on receipt of the representations from the petitioners shall consider the same on the basis of the records and in accordance with law and thereafter, intimate the outcome of such consideration by passing reasoned order[s] within a period of 2 [two] weeks from the date of receipt of such representation[s]. 10. With the observation made and direction given above, the writ petition is disposed of. JUDGE Comparing Assistant