Page No.# 1/3 GAHC010065752025 2025:GAU-AS:3852 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1790/2025 PARAG GOALA S/O- PREM RAJ GOALA, R/O- VILL- ALOCHERRA PART-I, WARD NO.9, P.O- MANIPUR BAGAN, P.S- KATLICHERRA, GRAM PANCHAYAT- MANIPUR, DIST- HAILAKANDI, ASSAM, PIN- 788165 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 INDIA 4:THE DISTRICT ELECTION OFFICER HAILAKANDI SHIVBARI ROAD BASHDAHAR HAILAKANDI DIST- HAILAKANDI ASSAM 5:THE ELECTORAL REGISTRATION OFFICER 1 KATLICHERRA - BHAGCHERRA ZILA PARISHAD CONSTITUENCY Page No.# 2/3 HAILAKANDI ASSA Advocate for the Petitioner : MR. B K SEN, MR A HUSSAIN,MR F HAQUE Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 02.04.2025 Heard Mr. B.K. Sen, learned counsel for the petitioner; Ms. S. Baruah, learned Central Government Counsel for the respondent no. 1; Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 2; Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent nos. 3 & 4; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent no. 5. 2. The petitioner has stated that originally, he was a voter from Ward no. 9 of Village – Alocherra Part-1, House no. 212, under the Manipur G.P. South Hailakandi Dev. Block, 2/1 Katilicherra – Bagchera ZP. In the Parliamentary Election held in the year 2024, the petitioner voted in the Polling Station for Ward no. 9. But, in the Electoral Roll published recently for the Panchayat Election, the name of the petitioner has been included as a voter from Ward no. 7 from Village – Alocherra Part-1. In view of such change, the petitioner, submitted a representation before the respondent no. 4 on 06.01.2025 seeking corrections in the particulars in the Electoral Roll for Panchayat Election. As the said representation has not been disposed of till date, the petitioner is before this Court by the instant writ petition. 3. Mr. A.I. Ali, learned Standing Counsel, ECI for the respondent nos. 3 & 4 has submitted that the respondent no. 4 is an authority under the Election Commission of India and he is not an authority for correction of the details in the Electoral Roll for the Panchayat Election. He has further submitted that it is the Assam State Election Commission and/or the authorities under it who can make such corrections as per law. Page No.# 3/3 4. Mr. Dubey, learned Standing Counsel, Assam State Election Commission appearing for the respondent no. 5 has submitted that the petitioner should approach the appropriate authority under the Assam State Election Commission seeking such corrections in the Electoral Roll published for the Panchayat Election and it is only after such application, the same can be given consideration in accordance with law. 5. In view of the above fact situation obtained in the case, this Court is of the considered view that since the petitioner has approached this Court by the instant writ petition without first approaching the appropriate authority under the Assam State Election Commission seeking such corrections, the writ petition is not to be entertained. It is accordingly observed. 6. The petitioner is, however, at liberty to approach the appropriate authority under the Assam State Election Commission seeking such corrections. It is further observed that in the event the petitioner approaches the appropriate authority with a proper application seeking such corrections, the appropriate authority shall consider such application in accordance with law and, as this Court has not made any observation with regard to the merits of the claim of the petitioner, the authority is at liberty to consider such application on merits. JUDGE Comparing Assistant