Page No.# 1/5 GAHC010006112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/197/2025 RAKIB AHMED S/O SANUHAR ALI AHMED, VILL- DHANEHARI, P.O.-SAIDPUR, P.S.-SONAI, DIST- CACHAR, ASSAM, PIN-788112 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GUWAHATI-37 3:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY THE ELECTION COMMISSIONER DISPUR GUWAHATI-6 4:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER CACHAR P.O. AND P.S.-SILCHAR DIST- CACHAR ASSAM PIN-788001 5:THE CHIEF EXECUTIVE OFFICER Page No.# 2/5 CACHAR ZILLA PARISHAD CUM MEMBER SECRETARY DISTRICT DELIMITATION COMMISSION P.O. AND P.S.-SILCHAR DIST- CACHAR ASSAM PIN-788001 6:THE ELECTION OFFICER CACHAR CUM MEMBER DISTRICT DELIMITATION COMMISSION P.O. AND P.S.-SILCHAR DIST- CACHAR ASSAM PIN-788001 7:THE ELECTION REGISTRAR CUM BLOCK DEVELOPMENT OFFICER SONAI DEV. BLOCK P.O. AND P.S.-SONAI DIST- CACHAR ASSAM PIN-78872 Advocate for the Petitioner : MR. S B LASKAR, MS D DUTTA,MR. H A LASKAR,MR. A S TAPADER Advocate for the Respondent : SC, P AND R.D., SC, A S E C,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 20.01.2025 Heard Mr. S.B. Laskar, learned counsel for the petitioner; 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 for the respondent nos. 3, 6 & 7. Page No.# 3/5 2. In view of the limited nature of the grievance raised by the petitioner 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, dispensing with the process of issuance of formal notice. 3. The case on the petitioner, in brief, is that the Panchayat and Rural Development Department, Government of Assam by a Notification dated 15.10.2024, in exercise of power conferred under sub - section [2] of Section 5 of the Assam Panchayat Act, 1994 [as amended] has notified the territorial limits of the Anchallik Panchayats and the Gaon Panchayats in the District of Cachar. As per the said Notification, the petitioner who is an inhabitant of Village -Dhanehari Part-II, comes within the territorial jurisdiction of Dakshin Saidpur Gaon Panchayat under Sonai Anchallik Panchayat. Subsequent to the Notification dated 15.10.2024, the respondent no. 5 issued a Notification dated 16.10.2024 in exercise of powers conferred by sub - section [2] of Section 6 of the Assam Panchayat Act, 1994 [as amended] read with sub - rule 6 of the Assam Panchayat [Constitution] Rules, 1995 [as amended], declaring the Gaon Panchayat Constituencies (Wards) under the Gaon Panchayats of Sonai Anchallik Panchayat of Cachar Zila Parishad. As per the said Notification, Dakshin Saidpur Gaon Panchayat would have 10[ten] Gaon Panchayat Constituencies [Wards] from Ward no. 1 to Ward no. 10. As per the said Notification, the areas of Village - Dhanehari Part-II, comes under 3[three] wards, namely, Ward no. 7; Ward no. 8 and Ward no. 9. As per the territorial limits of Ward no. 8, the residents who falls between the house of Sipon Hussain Borbhuyan to the house of Ahad Uddin Borbhuyan within Dhanehari Part-II Village, would come under Ward no. 8. The petitioner claims that because of his location of his house, he should come under Ward no. 8. But, his name has been included in the electoral Page No.# 4/5 roll published for Ward no. 7 of Dakshin Saidpur Gaon Panchayat. As the representation submitted before the authority has not been considered till date, the petitioner has approached this Court seeking inter-alia a direction to the respondent authorities to include his name in the electoral roll of Ward no. 8 under Dakshin Saidpur Gaon Panchayat, instead of Ward no. 7 of Dakshin Saidpur Gaon Panchayat. 4. Mr. Dubey, learned Standing Counsel, Assam State Election Commission has submitted that since the limited grievance of the petitioner is to the effect that his name should be included in the electoral roll of Ward no. 8, instead of Ward no. 7, of Dakshin Saidpur Gaon Panchayat, the same would require factual determination of facts based on territorial limits of the two wards, i.e., Ward no. 7 and Ward no. 8. It is further submitted by him that if a representation is submitted by the petitioner before the Assam State Election Commission (the respondent no. 3), the same would be given due consideration and if the case of the petitioner is found to be correct as represented, then the necessary measures would appropriately be taken and such representation would be disposed of by a reasoned order. 5. Mr. Laskar, learned counsel for the petitioner has submitted that the petitioner is ready to submit his representation highlighting the said grievance. 6. In view of the broad consensus arrived at in the aforestated manner, this Court is of the considered view that instead of keeping this writ petition is pending, the same can be disposed of by granting liberty to the petitioner to submit a representation before the respondent no. 3 highlighting the grievance regarding correction of the electoral roll in respect of two Gaon Panchayat Constituencies (Wards), i.e., Ward no. 7 and Ward no. 8 pertaining to Village - Dhanehari Part-II and such representation is to be submitted within the period Page No.# 5/5 of 7 (seven) days from today. It is accordingly ordered. It is further observed that in the event the petitioner submits a representation highlighting his grievance, the respondent no. 3 shall consider the representation in accordance with the procedure and on the basis of records concerning by the territorial limits of the Ward no. 7 and Ward no. 8 and the concerned electoral rolls. If the grievance of the petitioner is found to be correct, the respondent no. 3 shall pass a reasoned order for taking necessary measures to that effect. Such representation is to be disposed of within a period of 15 [fifteen] days from the date of receipt of the representation of the petitioner at its office. 7. With the observations made, and the directions given above, this writ petition stands disposed of. JUDGE Comparing Assistant