Page No. 1/6 GAHC010006542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/223/2025 SUFIAN AKHTER AND 4 ORS S/O- LATE NAJIRUDDIN, R/O- VILL. GANDARVAKHANI, P.O.- MULLAGANJBAZAR, P.S. PATHARKANDI, DIST.- SRIBHUMI, ASSAM, PIN- 788719 2: MD. RAFIQUE UDDIN S/O- MD. ALA UDDIN R/O- VILL. GANDARVAKHANI P.O.- MULLAGANJBAZAR P.S. PATHARKANDI DIST.- SRIBHUMI ASSAM PIN- 788719 3: SRI ABDUL BASIT S/O- LATE MAKRAM ALI R/O- VILL. GANDARVAKHANI P.O.- MULLAGANJBAZAR P.S. PATHARKANDI DIST.- SRIBHUMI ASSAM PIN- 788719 4: SRI ABDUL MUQUIT S/O- LATE MAKRAM ALI R/O- VILL. GANDARVAKHANI P.O.- MULLAGANJBAZAR P.S. PATHARKANDI DIST.- SRIBHUMI ASSAM PIN- 788719 5: SRI ATIQUR RAHMAN KHAN S/O- LATE KAMAR UDDIN KHAN Page No. 2/6 R/O- VILL. GANDARVAKHANI P.O.- MULLAGANJBAZAR P.S. PATHARKANDI DIST.- SRIBHUMI ASSAM PIN- 78871 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN- 781006 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM PIN- 781006 3:THE DISTRICT COMMISSIONER SRIBHUMI ASSAM 4:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER SRIBHUMI ASSAM 5:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY DOWN TOWN DISPUR GUWAHATI-6 ASSAM 6:THE ELECTION OFFICER SRIBHUMI ASSAM 7:THE ELECTORAL REGISTRATION OFFICER CUM CIRCLE OFFICER NILAMBAZAR REVENUE CIRCLE SOUTH KARIMGANJ LAC SRIBHUMI ASSAM Page No. 3/6 Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Advocate for the Respondent : GA, ASSAM, SC, A S E C,SC, P AND R.D.,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 27.01.2025 Heard Mr. S. Dey, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 2, 3 & 4; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 5, 6 & 7. 2. In view of the limited nature of grievances 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 motion stage itself. 3. The petitioners, 5 [five] 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 different wards of Ilashpur Gaon Panchayat. 4. The petitioners have projected that in the Panchayat Electoral Roll published in the year 2024, the names of the petitioner no. 1 to the petitioner no. 4 have been included in the electoral roll for Ward no. 1, Gandharvkhani whereas the name of the petitioner no. 5 has been included in the electoral roll for Ward no. 2 Gandharvkhani. 5. The grievance of the petitioner nos. 1 to 4 is that their names ought to have been included in the electoral roll for Ward no. 2 Gandharvkhani whereas the name of the petitioner no. 5 ought to have been included in Ward no. 1 Gandharvkhani. Both Ward no. 1 Gandharvkhani and Ward no. 2 Gandharvkhani are under Ilashpur Gaon Panchayat; 7 No. Nilambazar Anchalik Panchayat; and 1/16 Tilabari Bandarkuna Zilla Parishad, District – Karimganj. Page No. 4/6 6. The petitioners have stated the prior to the delimitation of constituencies of Panchayati Raj Institutions [PRIs] undertaken in the year 2024 and also after the delimitation process, as notified by a Notification dated 15.10.2024 [Annexure-2], the villages of the petitioners were / are under Ilashpur Gaon Panchayat. 7. Mr. Dubey, learned Standing Counsel, Assam State Election Commission has submitted that the names of the petitioners should be enrolled in the electoral roll as per the territorial jurisdiction of the respective Gaon Panchayats or respective Ward nos. 8. Both Mr. Konwar and Mr. Dubey have submitted that if the petitioners approach the concerned authorities by submitting rectification applications individually, as indicated in a Communication bearing no. SEC.07/2023/Pt-I/84 dated 17.11.2025 of the Assam State Election Commission, the rectification applications would be given due consideration if the details as indicated therein are furnished with the respective rectification application. 9. As per the Communication dated 17.01.2025 of the Assam State Election Commission, which is addressed to the District Commissioners of the Districts, the Commission has decided to consider the rectification of the Final Panchayat Electoral Roll as per the delimitation notification if a rectification request is submitted with the following details :- 1. Briefly highlight the specific reason for rectification in the Gaon Panchayat Ward [along with the Polling Station] where the changes are required. 2. 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 as justification from the concerned ERO must be enclosed. 3. Claims and objections rectifications : For any rectifications 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. Page No. 5/6 10. Mr. Konwar, learned Additional Advocate General, Assam has submitted that subsequent to the Communication dated 17.01.2025, the District Commissioners have directed all Electoral Registration Officers, Panchayat Election and all Assistant Electoral Registration Officer, Panchayat Election to receive rectification applications and have directed the said authorities to take necessary action in accordance with the instructions provided by the Assam State Election Commission vide the Communication dated 17.01.2025. He has further submitted that if the petitioners submit their rectification application, along with the details, as indicated in the Communication dated 17.01.2025 before the concerned Electoral Registration Officer, Panchayat Election on or before 31.01.2025, the same would be given due consideration. 11. Mr. Dey, learned counsel for the petitioners has submitted that the petitioners are ready and willing to submit such rectification applications. 12. In view of the broad consensus arrived at in the afore-stated manner, considering the guidelines laid down in the Communication dated 17.01.2025; and the issue 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 granting liberty to the petitioners to file their rectification applications individually along with the details, as quoted hereinabove, before the concerned Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election on or before 31.01.2025. It is accordingly observed. It is further provided that in the event the petitioners submit their rectification applications in the afore-stated manner and within 31.01.2025, the concerned Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election shall give due consideration to such individual rectification application and after consideration, shall dispose of the same by passing a speaking order thereon. It is further provided that the decision so arrived at, in respect of the individual rectification application, shall immediately be communicated to the concerned applicant forthwith thereafter, within an outer limit of 15 [fifteen] days from the date of receipt of the respective application. Page No. 6/6 13. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant