Page No.# 1/4 GAHC010017952025 2025:GAU-AS:8163 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/2/2025 BANESA KHATOON W/O SAN MIYA (D/O LATE ABDUL HASIM), VILL AND P.O.-BAJIA GAON, P.S.-SAMAGURI, DIST-NAGAON, ASSAM VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006 3:THE ELECTION COMMISSION OF INDIA NEW DELHI TO BE REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-1 4:THE STATE COORDINATOR OF NATIONAL REGISTRATION ASSAM BHANGAGARH LACHIT NAGAR GUWAHATI-6 5:THE FOREINERS TRIBUNAL NAGAON ASSAM 782001 Page No.# 2/4 6:THE DEPUTY COMMISSIONER NAGAON P.O. AND DIST-NAGAON ASSAM PIN-782001 7:THE SUPERINTENDENT OF POLICE (B) NAGAON P.O. AND DIST-NAGAON ASSAM PIN-78200 Advocate for the Petitioner : MR. K MIRA, MR. H A TALUKDAR Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,SC, NRC,GA, ASSAM Linked Case : Review.Pet./75/2023 BANESA KHATOON (BEGUM) W/O SAN MIYA (D/O LATE ABDUL HASIM) VILL AND P.O.-BAJIA GAON P.S.-SAMAGURI DIST-NAGAON ASSAM VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006 3:THE ELECTION COMMISSION OF INDIA NEW DELHI Page No.# 3/4 TO BE REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-1 4:THE STATE COORDINATOR OF NATIONAL REGISTRATION ASSAM BHANGAGARH LACHIT NAGAR GUWAHATI-6 5:THE FOREINERS TRIBUNAL NAGAON ASSAM 782001 6:THE DEPUTY COMMISSIONER NAGAON P.O. AND DIST-NAGAON ASSAM PIN-782001 7:THE SUPERINTENDENT OF POLICE (B) NAGAON P.O. AND DIST-NAGAON ASSAM PIN-782001 ------------ Advocate for : MR. K MIRA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 19.06.2025 (K.R. Surana, J) Heard Mr. K. Mira, learned counsel for the applicant. Also heard Ms. S. Baruah, learned CGC, Mr. G. Sarma, learned Standing Counsel for the FT matters. Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for Election Commission of India and Mr. P. Sarmah, learned Page No.# 4/4 Additional Senior Govt. Advocate for the State. 2. By filing this interlocutory application, the applicant has prayed for restoration of Review Petition (C) No. 75/2023, which was dismissed for non- prosecution by order dated 22.01.2025. 3. It is projected that the younger sister of the engaged counsel has expired on 17.01.2025, due to which he had to travel to his home town and therefore, he could not be present when the case was called on 22.01.2025. Moreover, the other counsel on record had to go to the office of the Board of Secondary Education, Assam to take up the issue of non-uploading of his mark sheet in DG Locker for creation of APAAR (Automated Permanent Academic Account Registry). 4. By filing an additional affidavit on 05.03.2025, the learned counsel for the applicant has produced the documents showing the death of the sister of the learned counsel for the applicant. 5. Accordingly, the applicant has been able to show that there was good and sufficient cause for non-representation of the applicant when the connected review petition was called on 22.01.2025. 6. Resultantly the order dated 22.01.2025 passed in the connected Review Petition (C) No. 75/2023 stands recalled. 7. The Registry shall now restore the Review Petition. 8. Accordingly, this interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant