Page No.# 1/4 GAHC010060112025 2025:GAU-AS:3931 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1654/2025 ARJEENA SULTANA PARBIN W/O. MOFIDUL ANOM SARKAR, D/O, AZIZUL HOQUE, R/O HOUSE NO. 218 KA, VILLAGE JANGLIA (PART) P.O. HOWRARPAR, P.S. DHUBRI, DISTRICT DHUBRI, ASSAM. PIN CODE 783301 VERSUS THE ELECTION COMMISSION OF INDIA AND 4 ORS REPRESENTED BY THE CHIEF ELECTION COMMISSIONER, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI -110001 2:ASSAM STATE ELECTION COMMISSION REPRESENTED BY ITS COMMISSIONER DISPUR BETOLA BASISTHA ROAD HOUSEFED BASISTHAPUR GUWAHATI-781006 3:THE DISTRICT COMMISSIONER CUM DISTRICT ELECTORAL OFFICER DHUBRI BORO BAZAR DHUBRI P.O. AND DIST- DHUBRI ASSAM PIN CODE-783301 4:THE DISTRICT ELECTORAL REGISTRATION OFFICER OFFICE OF THE DISTRICT COMMISSIONER DHUBRI (ELECTION BRANCH) BORO BAZAR DHUBRI Page No.# 2/4 P.O. AND DIST- DHUBRI ASSAM PIN-783301 5:BOOTH LEVEL OFFICER OF WARD NO. 72/2 JANGLIA (KHA) P.O. AND GAON PANCHAYAT- HOWRARPAR VILL- JAMGLIA DIST- DHUBRI ASSAM Advocate for the Petitioner : MR H ROHMAN, Advocate for the Respondent : SC, ECI, GA, ASSAM,DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 02.04.2025 Heard Mr. R. Mazumdar, learned counsel for the petitioner; Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent nos. 1; Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] for the respondent nos. 2, 4 & 5; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 3. 2. The grievance of the petitioner is that when the petitioner tried to submit an application on-line for change of the name of her husband, Village, House Number, Ward Number, etc. she could not upload it in the website because the system was not accepting it. On the other hand, the petitioner’s off-line application has not been accepted. 3. Mr. Mazumdar, learned counsel for the petitioner has submitted that the details recorded by the Election Commission of India against the petitioner’s EPIC no. DHL1207182 Page No.# 3/4 are correct. 4. Mr. Ali, learned Standing Counsel, ECI was asked to obtain instruction as to whether the portal for uploading application of such nature is accepting application or not. Today, Mr. Ali has pointed out that the petitioner’s grievance is with regard to the details incorporated in the electoral roll published for the ensuing Panchayat election in the State of Assam by the Assam State Election Commission. As the petitioner had made an application for correction of the details before an authority under the Election Commission of India, the application was rejected on 18.01.2024 finding that the matter of corrections, asked for, falls within the domain of the Assam State Election Commission. 5. Mr. Dubey, learned Standing Counsel, ASEC has submitted that the application dated 20.12.2024 is stated to have been filed by the petitioner before the Electoral Registration Officer, Dhuburi, which is an authority under the Election Commission of India whereas the petitioner is seeking correction in the details appearing in the electoral roll published for the ensuing Panchayat election and the matter is within the domain of the Assam State Election Commission. As the petitioner has not submitted any application before any authority under the Assam State Election Commission, the prayer made in this writ petition appears to be misconceived, as the petitioner has to approach the appropriate authority first. 6. From the submissions made by the learned counsel for the parties and the pleadings made and documents annexed to the writ petition, it has emerged that the petitioner has approached this Court seeking corrections as regards the details incorporated in the electoral roll published for the ensuing Panchayat election by the Assam State Election Commission without first approaching the competent authority under the Assam State Election Commission seeking corrections of those defects. Thus, this Court is of the considered view that the petitioner should approach the competent authority under the Assam State Election Commission seeking those corrections first. 7. In view of the above, this Court is not inclined to entertain this writ petition at this stage. The petitioner is at liberty to approach the competent authority under the Assam State Page No.# 4/4 Election Commission seeking corrections of the details in the electoral rolls published by the Assam State Election Commission for the ensuing Panchayat election. JUDGE Comparing Assistant