Page No.# 1/5 GAHC010018262025 2025:GAU-AS:1237 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/500/2025 SRI SRIHARI DAS AND ANR S/O- MONTU LAL DAS, R/O- VILLAGE- DEBIGARH, P.O.- RAKESH NAGAR, P.S.- SRIBHUMI, DIST- SRIBHUMI, ASSAM, PIN- 788701. 2: SMTI MANDA KRANTA PURNOSOMA W/O- SRI SRIHARI DAS R/O- VILLAGE- DEBIGARH P.O.- RAKESH NAGAR P.S.- SRIBHUMI DIST- SRIBHUMI ASSAM PIN- 788701 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE STATE ELECTION COMMISSION REPRESENTED BY ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR DOWN TOWN G.S. ROAD DISPUR GUWAHATI-6 3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR Page No.# 2/5 GUWAHATI-6 4:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI- 37. 5:THE DISTRICT COMMISSIONER KARIMGANJ CUM CHAIRMAN DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION DISTRICT- KARIMGANJ ASSAM PIN 783301. 6:THE CHIEF EXECUTIVE OFFICER KARIMGANJ ZILLA PARISHAD CUM MEMBER SECRETARY DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION DIST.- SRIBHUMI ASSAM PIN 783301. 7:THE ELECTION OFFICER OF DISTRICT KARIMGANJ CUM MEMBER DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION SRIBHUMI ASSAM PIN- 783301. 8:THE BLOCK DEVELOPMENT OFFICER BALAJAN DEVELOPMENT BLOCK P.O.- BALAJAN DIST.- SRIBHUMI ASSAM PIN- 783335 Advocate for the Petitioner : MR. M H LASKAR, MR. S ROY Advocate for the Respondent : SC, P AND R.D., SC, ASEC,GA, ASSAM Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 05.02.2025 Heard Mr. M.H. Laskar, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 3, 4, 5, 6 & 8; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2 & 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, 2 [two] 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 the Final Electoral Roll published for Subhash Nagar Gaon Panchayat for the ensuing Panchayat General Election. 4. The petitioners are husband and wife. Mr. Laskar, learned counsel for the petitioners have submitted that the petitioners have other family members and all of them were included in the Draft Electoral Roll prepared for Ward no. 4 of Subhash Nagar Gaon Panchayat. But when the Final Electoral Roll for different wards for Subhash Nagar Gaon Panchayat was published, the petitioners, to their surprise, have found their names included in the Final Electoral Roll prepared for Ward no. 7 of Subhash Nagar Gaon Panchayat. 5. It is submitted by Mr. Laskar that save and except the house of the petitioners, that is, House no. 119 in the Draft Electoral Roll as well as in the Final Electoral Roll for Ward no. 7, all the voters of the houses in the vicinity of House no. 119 have been enrolled in the Final Electoral Roll prepared for Ward no. 4. He has, thus, contended that only the members of House no. 119, that is, the petitioners and their family members have been separated from Ward no. 4 and after being separated, have been enrolled as voters in Ward no. 7. The process adopted, accordingly to him, is arbitrary. Page No.# 4/5 6. Mr. Dubey, learned Standing Counsel, Assam State Election Commission has submitted that names of the petitioners should be enrolled in the Electoral Roll as per the territorial jurisdiction of the respective Gaon Panchayat and/or respective wards. 7. Both Mr. Konwar and Mr. Dubey have submitted that if the petitioners approach the concerned authorities by submitting a rectification application, in terms of the Communication bearing no. SEC.07/2023/Pt-I/84 dated 17.01.2025 of the Assam State Election Commission, the rectification application would be given due consideration if the details, as indicated herein, and the supporting documents are furnished with the rectification application. 8. Mr. Konwar, learned Additional Advocate General, Assam has further submitted that subsequent to the Communication dated 17.01.2025, the District Commissioners have directed all Electoral Registration Officers, Panchayat Election / Assistant Electoral Registration Officers, Panchayat Election to receive rectification applications and have also 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 these two petitioners submit their rectification application, along with the details, as indicated in the Communication dated 17.01.2025, before the concerned jurisdictional Electoral Registration Officer / Assistant Electoral Registration Officers, Panchayat Election within 7 [seven] working days from today, the same would be given due consideration. 9. Mr. Laskar, learned counsel for the petitioners has submitted that the petitioners are ready and willing to submit such rectification application. 10. In view of the broad consensus arrived at in the afore-stated manner; and considering the guidelines laid down in the Communication dated 17.01.2025; and the fact 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 a rectification application along with the details, as stated hereinabove, along with all the supporting document before the concerned jurisdictional Electoral Registration Officer / Assistant Page No.# 5/5 Electoral Registration Officer, Panchayat Election within a period of 7 [seven] working days from today along with a copy of this order. Such liberty is hereby granted. It is further provided that in the event the petitioners submit their rectification application in the afore- stated manner within 7 [seven] working days from today, the concerned jurisdictional Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election shall give due consideration to such rectification application and after consideration, shall dispose of the same by passing a speaking order recording reasons within a period of 15 [fifteen] days from the date of receipt of the rectification application thereon. It is further provided that the decision so arrived at in respect of the rectification application shall immediately be communicated to the petitioners forthwith thereafter. 11. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant