Page No.# 1/5 GAHC010058922025 2025:GAU-AS:3716 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1607/2025 KAMRUL ISLAM BARBHUIYA AND 7 ORS. S/O LATE ALI AKSAR BAARBHUIYA, R/O VILL- NARAYANPUR PART-II, P.O.- CHANDPUR WEST, P.S. AND DIST- HAILAKANDI, ASSAM, PIN-788152 2: TAYBUR RAHMAN LASKAR S/O SIRAJ UDDIN LASKAR R/O VILL- NARAYANPUR PART-II P.O.- CHANDPUR WEST P.S. AND DIST- HAILAKANDI ASSAM PIN-788152 3: NOHORUL ISLAM BARBHUIYA S/O ABDUL JALIL BARBHUIYA R/O VILL- NARAYANPUR PART-II P.O.- CHANDPUR WEST P.S. AND DIST- HAILAKANDI ASSAM PIN-788152 4: SAIDUL ISLAM LASKAR S/O SIRAJ UDDIN LASKAR R/O VILL- NARAYANPUR PART-II P.O.- CHANDPUR WEST P.S. AND DIST- HAILAKANDI ASSAM PIN-788152 5: JASHIM UDDIN LASKAR S/O RAHMAN ALI LASKAR R/O VILL- NARAYANPUR PART-II P.O.- CHANDPUR WEST P.S. AND DIST- HAILAKANDI ASSAM Page No.# 2/5 PIN-788152 6: ANWAR HUSSAIN BRABHUIYA S/O ALA UDDIN BARBHUIYA R/O VILL- NARAYANPUR PART-II P.O.- CHANDPUR WEST P.S. AND DIST- HAILAKANDI ASSAM PIN-788152 7: GULAM MASTUFA BARBHUIYA S/O LATE MOIN UDDIN BARBHUIYA R/O VILL- NARAYANPUR PART-II P.O.- CHANDPUR WEST P.S. AND DIST- HAILAKANDI ASSAM PIN-788152 8: IRPAN ALI LASKAR S/O LATE SURUJ ALI LASKAR R/O VILL- NARAYANPUR PART-II P.O.- CHANDPUR WEST P.S. AND DIST- HAILAKANDI ASSAM PIN-78815 VERSUS THE STATE OF ASSAM AND 4 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:THE STATE ELECTION COMMISSION TO BE REPRESENTED BY THE STATE ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR DOWN TOWN G.S. ROAD DISPUR GUWAHATI-6 ASSAM 3:THE DISTRICT COMMISSIONER HAILKAKANDI CUM CHAIRMAN DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION DIST- HAILAKANDI Page No.# 3/5 ASSAM PIN- 788155 4:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILA PARISHAD CUM MEMBER SECRETARY DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION DIST- HAILAKANDI ASSAM PIN-788155 5:THE ELECTION OFFICER OF DISTRICT HAILAKANDI CUM MEMBER DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. S ROY, M. HOSSAIN,MR. M H LASKAR Advocate for the Respondent : SC, P AND R.D., SC, S E C,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 28.03.2025 Heard Mr. M.H. Laskar, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 3 & 4; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] for the respondent nos. 2 & 5. 2. The petitioners, 8 [eight] in nos., have joined together to institute this writ petition stating that they have a common cause of action. The case of the petitioners, in brief, is that they are permanent residents of Village – Narayanpur Part-II, Narayanpur Gaon Panchayat, District – Hailakandi. Pursuant to the recent delimitation of Gaon Panchayat, Anchalik Panchayat and Zilla Parishad constituencies following the Standard Operating Procedure [SOP] laid down in the Notification dated 03.08.2024, the District Delimitation Commission, Page No.# 4/5 Hailakandi by an Order dated 17.09.2024, notified Narayanpur as a Gaon Panchayat under Algapur Katlichera LAC, Hailakandi and notified 10 Wards of Narayanpur Gaon Panchayat. As a result of the said Order of the District Delimitation Commission, Village – Narayanpur Part-II has been included in Ward no. 6 of Narayanpur Gaon Panchayat. But when the electoral roll was published, the petitioners could not find their names along with their family members [Household nos. 31 to 69] in the Voters List of Ward no. 6. On enquiry, the petitioners have found that their names are included in the Voters List of Ward no. 7 of Narayanpur Gaon Panchayat. 3. Aggrieved by such inclusion of their names in the Voter Lists of Ward no. 7 of Narayanpur Gaon Panchayat, it is stated that a representation has been submitted before the respondent no. 5 on 12.03.2025, receipt of which has been duly acknowledged. 4. Both Mr. Konwar and Mr. Dubey have submitted that the matter of inclusion of villages within the respective Gaon Panchayats has been concluded by the State Government in the Panchayat & Rural Development [P&RD] Department with issuance of Notifications, dated 15.10.2024, for the district separately. Pursuant to the said Notification dated 15.10.2024, the jurisdictional District Delimitation Commissions have also issued notifications delimiting the Wards of the Gaon Panchayats and thereafter only, the electoral rolls have been published. 5. Having regard to the limited nature of grievance made by Mr. Laskar, learned counsel for the petitioner that the representation submitted before the respondent no. 5 has not yet been disposed of, the learned counsel for the respondents have submitted the writ petition can be disposed of with a direction to the respondent no. 5 to take the Representation dated 12.03.2025, stated to have been submitted by the petitioners before the respondent no. 5, on Board and thereafter, to dispose of the representation taking into considerations the case projected by the petitioners and as per the notifications issued for delimitation of constituencies of Gaon Panchayats; the relevant records; and in accordance with law. 6. Taking note of the submissions made by the learned counsel for the parties; and considering the fact that the petitioners have projected that a representation has already Page No.# 5/5 been submitted before the respondent no. 5 with regard to their grievances, this writ petition is disposed of with a direction to the respondent no. 5 to take the Representation dated 12.03.2025, if not already disposed of, on board and thereafter, to dispose of the same by considering the grievance of the petitioners and the relevant notifications with regard to the delimitation of constituencies and relevant records, on its own merits, by passing a speaking order within a period of 7 [seven] days from the date of submission of the copy of this order by the petitioners before the respondent no. 5. It is accordingly ordered. The writ petition is disposed of with the aforesaid terms. JUDGE Comparing Assistant