Page No.# 1/23 GAHC010058832026 2026:GAU-AS:4372 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1699/2026 TASMINA KHATUN and153 othrs C/O- SOHIDUL ISLAMVILL-NO.3 RAJAPUKHURI, DIST- GOLAGHAT, ASSAM. 2: ABDUL KHALEK C/O- LATE HAJARAT ALIVILL-NO.3 RAJAPUKHURI DIST- GOLAGHAT, ASSAM 3: HABIJA KHATUN C/O- ABDUL KHALEKVILL-NO.3 RAJAPUKHURI DIST- GOLAGHAT, ASSAM 4: EAMABAN HUSSAIN C/O- LATE KACHEM ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 5: JIABUR RAHMAN C/O- ICHAB ALIAS ESAB ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 6: MINARJUL ISLAM C/O- JIABUR RAHMANVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 7: AJIBUR RAHMAN C/O- MAFIJ ALIVILL-NO.3 RAJAPUKHURI DIST- GOLAGHAT, ASSAM 8: SULTANA PARBIN C/O- AJIBUR RAHMANVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 9: HALIMA KHATUN C/O- SAFIKUL ISLAMVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT Page No.# 2/23 ASSAM 10: PURNIMA BEGUM C/O- ABDUL BAREKVILL-NO.3 RAJAPUKHURI DIST- GOLAGHAT, ASSAM 11: DILUWAR BEGUM C/O- ABDUL BAREKVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 12: DILUWARA BEGUM C/O- SHAHIDUL ISLAMVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 13: RAHIMA KHATUN C/O- AMAJAT ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 14: ISMTARA KHATUN C/O- ROSIDUL ISLAMVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 15: ROSHIKUL ISLAM C/O- SOMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 16: SAHIDUL ISLAM C/O- SOMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 17: CHAMIRU UDDIN ALIAS CHAMIRUDDIN C/O- MUCHALEM UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 18: SIRAJUL ISLAM C/O- LATE CHAMED ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 19: AMIR UDDIN C/O- MUCHLEM UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 20: CHARUFA KHATUN C/O- AMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 21: GULZAR HUSSAIN C/O- AMAN ALIVILL-NO.3 RAJAPUKHURI Page No.# 3/23 DIST- GOLAGHAT ASSAM. 22: SAIDUL ISLAM C/O- AMRAN ALIVILL-NO.3 RAJAPUKHURI DIST- GOLAGHAT ASSAM 23: ABUBAKKAR SIDDIK C/O- ABDUL LATIBVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 24: ABDUL ALI C/O- RUSMAT ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 25: JAHURA KHATUN C/O- NEKIBUR ISLAMVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 26: SAMSUN NEHAR C/O- ABDUL ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 27: ABDUL RAHIM C/O- ABDUL LATIPVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 28: RAHIMA KHATUN C/O- ABDUL BAREKVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 29: AKLIMA BEGUM C/O- ABDUL RAHIMVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 30: FATEMA KHATUN C/O- MUCHA ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 31: CHOHORA BEGUM C/O- CHAN MIYANVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 32: NUR NEHAR ALIAS NUMEHAR C/O- ABDULROUF ALIVILL-SAHARIA PAMDIST- GOLAGHAT ASSAM Page No.# 4/23 33: RAHIMAN NESSA C/O- MAHAR ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 34: MINARA KHATUN C/O- SUN MIYAVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 35: HAJARAT ALI C/O- CHANMIYAVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 36: MAHAR ALI C/O- CHAN MIYANVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 37: ROFIK ALI C/O- MOHOR ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 38: ABDUL ROUF ALI S/O- MOHOR ALIAS MAHOR ALIVILL- 3 NO RAJAPUKHURIDIST- GOLAGHAT ASSAM 39: ALI HUSSAIN C/O- KASIM UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 40: AKLIA KHATUN C/O- HAZARAT ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 41: ABDUL BAREK C/O- JABAN ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 42: RAHIMA KHATUN C/O- CHAMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 43: CHAFIKUL ISLAM C/O- ABDUL BAREKVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 44: MUCHA ALI C/O- LATE MANACHUR ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM Page No.# 5/23 45: FATEMA KHATUN C/O- JINUT ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 46: SADDAM HUSSAIN C/O- MUSA ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM. 47: RABIA KHATUN C/O- SADDAM HUSSAINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 48: MUSIDA KHATUN D/O- MUSHA ALIVILL-NO. 3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 49: JAKIR HUSSAIN C/O- LATE SIRAJ UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 50: RUKIYA KHATUN C/O- JAKIR HUSSAINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 51: JAHANGIR HUSSAIN C/O- JAKIR HUSSAINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 52: ASHIKUL ISLAM C/O- AMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 53: AKTARA BEGUM C/O- ASHIKUL ISLAMVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 54: SADIKUL ISLAM C/O- AMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM. 55: MAJIBUR RAHMAN C/O- AMAJAT ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 56: ANOWAR HUSSAIN C/O- OBAHED ALIAS WAHED ALIVILL-GELAJANDIST- GOLAGHAT ASSAM. Page No.# 6/23 57: JAYGUN NESSA C/O- ANOWAR HUSSAINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 58: NAJRUL ISLAM C/O- AMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 59: AFARUN NESHA C/O- NAJRUL ISLAMVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 60: ACHADUL ISLAM C/O- AMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 61: TAJ BEGUM C/O- INACHAN ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 62: SARUFA KHATUN C/O- MAJIBUR RAHMANVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 63: RAMISA KHATUN C/O- SADAM HUSSAINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 64: JYOTSNARA BEGUM C/O- AMAJAT ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 65: IQUBUL HUSSAIN C/O- AMAJAT ALIAS AMZAD ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 66: RAHIMA KHATUN C/O- ABDUL LATIBVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 67: SADAM HUSSAIN C/O- AMZAD ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 68: ISMAIL ALI C/O- AHMED ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT Page No.# 7/23 ASSAM 69: ANJAR HUSSAIN C/O- ISMAIL ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 70: OJUFA KHATUN C/O- ISMAIL ISMAIL ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 71: NUR ISLAM C/O- AHMED ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 72: HAJERA KHATUN C/O- NUR AHMEDVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 73: ABDUS SATTAR C/O- KASEM ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 74: RESHMINA BEGUM C/O- ABDUL RAJEKVILL-NAOJANDIST- GOLAGHAT ASSAM 75: MINARA KHATUN C/O- AMAN ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 76: AMAN ALI C/O- KACHEM ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 77: ATABUR RAHMAN C/O- AMRAN ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 78: SOHIDUL ISLAM C/O- AMRAN ALIVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 79: SAHAJUDDIN ALI C/O- ABDUL MAJIDVILL-GELAJANDIST- GOLAGHAT ASSAM 80: KAMALA BEGUM C/O- KARAM ALIVILL-GELAJANDIST- GOLAGHAT Page No.# 8/23 ASSAM 81: KARAM ALI C/O- ABDUL MALIKVILL-GELAJANDIST- GOLAGHAT ASSAM. 82: RAHAM ALI C/O- ABDUL MALIKVILL-GELAJANDIST- GOLAGHAT ASSAM. 83: PARAMINA BEGUM C/O- RAHAM ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 84: ABDUL MALIK C/O- LATE IJAKUB ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 85: ARINA KHATUN C/O- ACHAMAD ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 86: ACHAMAD ALI C/O- ABDUL MALIKVILL-GELAJANDIST- GOLAGHAT ASSAM 87: AFTAR UDDIN C/O- NIJAM UDDINVILL-GELAJANDIST- GOLAGHAT ASSAM 88: ISAR UDDIN C/O- ABDUL KHALEKVILL-GELAJANDIST- GOLAGHAT ASSAM 89: FIRUJA BEGUM C/O- NIJAM ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 90: CHAFIJA BEGUM C/O- LATE AR KHALEKVILL-GELAJANDIST- GOLAGHAT ASSAM 91: NACHIBA KHATUN C/O- CHAFURUDDIN ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 92: SOFUR UDDIN C/O- LATE ABDUL KHALEKVILL-GELAJANDIST- GOLAGHAT Page No.# 9/23 ASSAM 93: SHAHIDA BEGUM C/O- ICHAM ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 94: ADOM SUFI ULLAH C/O- ICHAM ALIVILL-GELAJANDIST- GOLAGHAT ASSAM. 95: ASMINA KHATUN C/O- BABUL ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 96: MANIK JAN C/O- CHABU SHAIKHVILL-GELAJANDIST- GOLAGHAT ASSAM 97: AMAR ALI C/O- ABDUL MALIKVILL-GELAJANDIST- GOLAGHAT ASSAM 98: ASIYA KHATUN C/O- AMAR ALIVILL-GELAJANDIST- GOLAGHAT ASSAM. 99: HASIM ALI C/O- AMAR ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 100: ABUL HASAN ALI C/O- AMAR ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 101: SULTTANA BEGUM C/O- ALI NEWASVILL-GELAJANDIST- GOLAGHAT ASSAM. 102: ALI NEWAS AHMED C/O- GYESUDDIN AHMEDVILL-GELAJANDIST- GOLAGHAT ASSAM. 103: GIYAS UDDIN ALIAS GIYASUDDIN AHAMMAD AGED C/O- LATE MAMUDVILL-GELAJANDIST- GOLAGHAT ASSAM. 104: MUCHIDA BEGUM Page No.# 10/23 C/O- INAMUL HAQUE HAQUEVILL-GELAJANDIST- GOLAGHAT ASSAM. 105: RUMELA KHATUN C/O- KACHEM ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 106: KACHEM ALI C/O- AR MALLAVILL-GELAJANDIST- GOLAGHAT ASSAM 107: SABIKUN NEHAR C/O- JAHIRUL ISLAMVILL-GELAJANDIST- GOLAGHAT ASSAM 108: SOMOR ALI C/O- ABDUL MALEKVILL-GELAJANDIST- GOLAGHAT ASSAM 109: JELEKA KHATUN C/O- CHAMAR ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 110: SEKHBOR ALI C/O- SOMOR ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 111: NEKBOR ALI C/O- SOMOR ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 112: FARJINA BEGUM C/O- INUL HAQUEVILL-GELAJANDIST- GOLAGHAT ASSAM. 113: JAHUR ALI C/O- ABDUL HAMIDVILL-GELAJANDIST- GOLAGHAT ASSAM 114: SULTANA KHATUN C/O- KACHEM ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 115: AINUL HAQUE C/O- ABDUL HAMIDVILL-GELAJANDIST- GOLAGHAT ASSAM Page No.# 11/23 116: HABIYA KHATUN C/O- SOMAR ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 117: ABDUL MAJIT C/O- ABDUL MATINVILL-GELAJANDIST- GOLAGHAT ASSAM 118: HAZIJUDDIN SHEIKH C/O- ABDUL MOTINVILL-GELAJANDIST- GOLAGHAT ASSAM 119: SABIKUN NEHAR C/O- RIAJUDDIN AHMEDVILL-GELAJANDIST- GOLAGHAT ASSAM 120: TAJ NEHAR C/O- RIAJUDDIN AHMEDVILL-GELAJANDIST- GOLAGHAT ASSAM. 121: MAMINA KHATUN C/O- RIJAJ ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 122: FARIDUL ISLAM C/O- RIJAJUDDIN AHAMMADVILL-GELAJANDIST- GOLAGHAT ASSAM 123: RIJAJUDDIN AHAMMAD C/O- AHMED ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 124: NURUDDIN C/O- AHMED ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 125: RAFIKUL ISMAIL ISMAIL C/O- KARI ISMAIL ISMAILVILL-GELAJANDIST- GOLAGHAT ASSAM 126: NAJIMA KHATUN C/O- RAFIKUL ISMAIL ISMAILVILL-GELAJANDIST- GOLAGHAT ASSAM 127: ABDUL BAREK ALI S/O- ANOWAR HUSSAINVILL-GELAJANDIST- GOLAGHAT ASSAM Page No.# 12/23 128: BABUL ALI C/O- ABDUL MALIKVILL-GELAJANDIST- GOLAGHAT ASSAM 129: AMENA KHATUN C/O- SHAH ALAMVILL-GELAJANDIST- GOLAGHAT ASSAM 130: SHAH ALAM C/O- MAJID ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 131: MONJU CHETRI C/O- MOKBUL HUSSAINVILL-GELAJANDIST- GOLAGHAT ASSAM 132: GULJAR HUSSAIN C/O- JAMALUDDIN ALIAS JAMAL UDDIN AHMEDVILL-GELAJANDIST- GOLAGHAT ASSAM 133: MAKBUL HUSSAIN C/O- JAMAL UDDINVILL-GELAJANDIST- GOLAGHAT ASSAM 134: JAMAL UDDIN AHAMMAD C/O- LATE MANIK ALIVILL-GELAJANDIST- GOLAGHAT ASSAM. 135: ANOWAR HUSSAIN C/O- AMIR UDDINVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 136: ACHAMA BEGUM C/O- NIJAM ALIVILL-GELAJANDIST- GOLAGHAT ASSAM 137: MARFOT ALI C/O- SURAJ ALIVILL-NO.2 DALANIPATHARDIST- GOLAGHAT ASSAM 138: SALEMA KHATUN C/O- SURUJ ALIVILL-NO.2 DALANIPATHARDIST- GOLAGHAT ASSAM 139: RUKIA BEGUM C/O- MARFOL ALIVILL-DALANIPATHARDIST- GOLAGHAT ASSAM Page No.# 13/23 140: MD FAJOR ALI ALIAS FAJOR ALI C/O- SURAJ ALIASMD SURUJ ALIVILL-DALANIPATHAR NO.2DIST- GOLAGHAT, ASSAM 141: MURSID ALI C/O- SURAJ ALIVILL-NO.2 DALANIPATHARDIST- GOLAGHAT ASSAM 142: NAJAR ALI C/O- MD SURAJ ALIVILL-2 NO DALANIPATHARDIST- GOLAGHAT ASSAM 143: LALSON ALIAS LAISON ALI C/O- SURUJ ALIVILL-2 NO DALANIPATHARDIST- GOLAGHAT ASSAM 144: HAMIDA KHATUN C/O- SURUJ ALIAS SURAJ ALIVILL-2 NO DALANIPATHARDIST- GOLAGHAT, ASSAM 145: JAMENA KHATUN C/O- KARI ISMAIL ISMAILVILL-GELAJANDIST- GOLAGHAT ASSAM 146: ASIKUR RAHMAN C/O- NIJAMUDDINVILL-GELAJANDIST- GOLAGHAT ASSAM 147: SAH MADDIN C/O- KUSUM UDDINVILL-GELAJANDIST- GOLAGHAT ASSAM 148: SAH MADDIN C/O- KUSUM UDDINVILL-GELAJANDIST- GOLAGHAT ASSAM 149: NIJAM UDDIN C/O- ABDUL KHALEKVILL-GELAJANDIST- GOLAGHAT ASSAM 150: MORIYAM NESHA C/O- NUR ISLAMVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT ASSAM 151: MINARA KHATUN C/O- MURSID ALIVILL-NO.3 DALANIPATHARDIST- GOLAGHAT ASSAM Page No.# 14/23 152: TAMACHA BEGUM C/O- JIABUR ALIAS JIABUT RAHMANVILL-NO.3 RAJAPUKHURIDIST- GOLAGHAT, ASSAM 153: TASLIMA KHATUN C/O- MD MIRAJVILL-GELAJANDIST- GOLAGHAT ASSAM 154: MOHIDA BEGUM C/O- HASEN ALIVILL-GELAJANDIST- GOLAGHAT ASSAM VERSUS UNION OF INDIA AND OTHRS TO BE REPRESENTED BY ITS SECRETARY, MINISTRY OF LAW AND JUSTICE, GOVERNMENT OF INDIA, NEW DELHI- 110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001. 3:THE STATE OF ASSAM TO BE REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR, GUWAHATI781006 4:THE CHIEF ELECTORAL OFFICER ASSAM OFFICE OF THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI- 781006. 5:THE DISTRICT ELECTION OFFICER GOLAGHAT, ASSAM 6:THE ELECTORAL REGISTRATION OFFICER CONCERNED ASSEMBLY CONSTITUENCY GOLAGHAT, ASSAM 7:THE CIRCLE OFFICER SARUPATHAR REVENUE CIRCLE GOLAGHAT, ASSAM. 8:THE DEPUTY COMMISSIONER GOLAGHAT, ASSAM Page No.# 15/23 9:SUPERINTENDENT OF POLICE GOLAGHAT, ASSAM 10:OFFICER IN CHARGE URIAMGHAT POLICE STATION GOLAGHAT, ASSAM Advocate for the Petitioner : S LASKAR, MR. A R BHUYAN,MR N A MAZARBHUIYA,MR N Z CHOUDHURY Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY JUDGMENT & ORDER 23.03.2026 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners; Ms. S. Baruah, learned Central Government Counsel [CGC] for the respondent no. 1; Ms. S. Kataki, learned Standing Counsel, Election Commission of India [ECI] for the respondent nos. 2, 4 & 6; and Ms. U. Das, learned Additional Senior Government Advocate, Assam for the respondent nos. 3, 5, 7, 8, 9 & 10. 2. The petitioners, 154 in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India stating that they have a common cause of action to espouse. 3. The petitioners have stated that they are residents of villages adjacent to each other, namely, No. 3 Rajapukhuri, Saharia Pam, Gelajan, Naojan, No. 2 Dalanipathar, Dalanipathar, Madhyapathar, under Uriamghat, District – Golaghat, Assam. The petitioners have stated that for a long period of time, they have been casting their votes in both State Legislative Assembly Elections and/or Parliamentary Elections by virtue of enrolment of their names as voters in the concerned electoral rolls, published from time to time. The petitioners have Page No.# 16/23 claimed that they had cast their votes in the previous elections to the State Legislative Assembly and/or Parliament as the voters from No. 107 Sarupathar Legislative Assembly Constituency [LAC], District - Golaghat, Assam. All the petitioners were issued Electors Photo Identity Cards [EPICs] by the Election Commission of India. 4. Mr. Bhuyan, learned counsel appearing for the petitioners has submitted that the petitioners have come to learn that in the electoral rolls published after the recent exercise of Special Revision initiated by the Election Commission of India [ECI], the word ‘deleted’ are marked against the names of the petitioners. Meaning thereby, their names are not included in the electoral rolls and they will be prevented from exercising the right to franchise in the upcoming Legislative Assembly Election in Assam where the date, 09.04.2026 has been notified as the date of polling. 5. Mr. Bhuyan has contended that in order to delete the name of a voter whose name was included in the previous electoral roll, such a person must be given a prior opportunity of being heard. But none of the petitioners was afforded any prior opportunity of being heard. Mr. Bhuyan has further submitted that the deletion of the names of the petitioners is perhaps attributable to an eviction drive carried out during the month of September, 2025 in and around Uriamghat area in Golaghat district where the petitioners have been residing for a long period of time exercising their right to franchise. The respondent authorities in the State Government had carried out an eviction drive in and around Uriamghat area on the ground that the area comes under forest areas of Nambor Reserve Forest and Doyang Reserve Forest. As there is restriction / prohibition for acquiring status of landowner in reserved forest areas declared under the Assam Forest Regulation, 1887, the petitioners were unjustifiably brought within the purview of the eviction drive. The petitioners have claimed that their places of residence do not fall within the boundaries of the two reserved forests. 6. It is contended that a number of litigation ensued against the eviction exercise carried by the State authorities. The Hon’ble Supreme Court of India in the case titled Abdul Khalek and others vs. the State of Assam and others, 2026 INSC 140, has taken note of a policy decision taken by the State Government to lay down an elaborate procedure Page No.# 17/23 to remove unauthorized occupation from the reserved forests, etc. Taking note of the procedure laid down, the Hon’ble Supreme Court has observed that the course of action to be adopted by the State Government for removal of encroachment from reserved forests contains sufficient procedural safeguards. The Hon’ble Supreme Court has observed that till a speaking order is passed after following the procedure laid down therein, the parties are to maintain status quo. The petitioners have canvassed that by virtue of the said status quo order, the petitioners are still continuing to reside in the addresses, as recorded in the EPICs, that is, within the territorial limits of No. 107 Sarupathar LAC. Mr. Bhuyan has, thus, contended that the respondent authorities have acted illegally and arbitrarily to delete the names of the petitioners from the electoral rolls. 7. Ms. Kataki, learned Standing Counsel, ECI has submitted that ordinarily, prior to deletion of name of a person from electoral roll, such a person is to be given a prior opportunity of being heard and any deletion of name can only be made after proper verification of facts. She has submitted that the petitioners have alleged that no prior and reasonable opportunity of being heard was given to them prior to deletion of their names from the electoral rolls. Assuming such contention of the petitioners is correct, then the petitioners have statutory remedies of filing an application under Section 23 of the Representation of the People Act, 1951 [‘the R.P. Act’, for short] at first, and thereafter, appeals under Section 24 of the R.P. Act. Instead of availing such statutory remedies, the petitioners have directly approached this Court by way of the present writ petition. Ms. Kataki has contended that since the matter of eligibility of the petitioners to be enrolled or included as voters in the electoral roll would also require determination of certain factual issues, the present writ petition is not maintainable. 8. As per sub-section [3] of Section 21 of the Representation of the People Act, 1950 [‘the R.P. Act’, for short], which is with a non-obstante clause, the ECI may at any time, for reasons to be recorded, direct a Special Revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit. By a Notification dated 17.11.2025, the ECI had directed a Special Revision in exercise of the powers under Section 21 of the R.P. Act with reference to 01.01.2026 as the qualifying date in the State of Assam. After carrying Page No.# 18/23 the Special Revision, the electoral roll has been published on 10.02.2026. 9. As the provisions of Section 22, Section 23 and Section 24 of the R.P. Act are of relevance, they are reproduced herein for ready reference :- 22. Correction of entries in electoral rolls. — If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency – [a] is erroneous or defective in any particular, [b] should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or [c] should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, amend, transpose or delete the entry after proper verification of facts in such manner as may be prescribed : Provided that before taking any action on any ground under clause [a] or clause [b] or any action under clause [c] on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him after proper verification of facts in such manner as may be prescribed. 23. Inclusion of names in electoral rolls. — Page No.# 19/23 [1] Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll. [2] The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein after proper verification of facts in such manner as may be prescribed : Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant's name from that roll. [3] No amendment, transposition or deletion of any entry shall be made under Section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that election. [4] The electoral registration office may for the purpose of establishing the identify of any person require that such person may furnish the Aadhaar number given by the Unique Identification Authority of India as per the provisions of the Aadhaar [Targeted Delivery of Financial and Other Subsidies, Benefits and Services] Act, 2016 [18 of 2016] : Provided that the electoral registration officer may also require the Aadhaar number from persons already included in the electoral roll for the purpose of authentication of entries in electoral roll and to identify registration of name of the same person in the electoral roll of more than one constituency or more than once in the same constituency. [5] Every person whose name is included in the electoral roll may intimate his Aadhaar number to such authority in such form and manner as may be prescribed, on or before a date to be notified by the Central government in the Official Gazette. [6] No application for inclusion of name in the electoral roll shall be denied and no entries in the electoral roll shall be deleted for inability of an individual to furnish or intimate Page No.# 20/23 Aadhaar number due to such sufficient cause as may be prescribed : Provided that such individual may be allowed to furnish such other alternate documents as may be prescribed. 24. Appeals.— An appeal shall lie within such time and in such manner as may be prescribed — [a] to the district magistrate or additional district magistrate or executive magistrate or district collector or an office of equivalent rank, from any order of the electoral Registration Officer under Section 22 or Section 23. [b] to the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause [a]. 10. As per the provisions contained in Section 22, if any deletion of a person’s name from the electoral roll is to be made on the grounds mentioned in clause [a], clause [b] and clause [c] by the jurisdictional Electoral Registration Officer, then such deletion can be made only after giving the person concerned a reasonable opportunity of being heard in respect of the action proposed [that is, deletion] to be taken in relation to him, that too, after proper verification of facts in such manner as may be prescribed. As per Section 2[h] of the R.P. Act, ‘prescribed’ means prescribed by rules made under the R.P. Act. 11. As per the provisions of Section 23, any person whose name is not included in the electoral roll of a constituency may apply to the Electoral Registration Officer for the inclusion of his name in that roll. The Electoral Registration Officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein after proper verification of facts in such manner as may be. No direction for the inclusion of a name in the electoral roll of a constituency shall be given under Section 23, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that Page No.# 21/23 election. 12. It is within the right of the petitioners to make an application under Section 23 for inclusion of their names in the electoral roll before the jurisdictional Electoral Registration Officer as, according to the petitioners, their names were unjustifiably deleted from the electoral roll without following the procedure prescribed in Section 22. 13. The Registration of Electors Rules, 1960 [‘the Registration Rules’, for short] are framed under the R.P. Act, 1950. Rule 26 of the Registration Rules has provided for correction of entries and inclusion of names in electoral rolls. Sub-rule [1] of Rule 26 has prescribed for the forms for an application under sub-section [1] of Section 23. As per sub-rule [3] of Rule 26, the Registration Officer shall, immediately on receipt of such application, direct that one copy thereof be pasted in some conspicuous place in his office together with a notice inviting objections within a period of seven days from the date of such posting. A mandate is contained in sub-rule [4] of Rule 26 to the effect that the Registration Officer shall, as soon as may be after the expiry of the period specified in sub-rule [3], consider the application and objections thereto, if any, received by him and shall, if satisfied, direct the inclusion, deletion, correction or transposition of entries in the roll, as may be necessary. A mandate is also embodied to the effect that when an application is rejected by the Registration Officer, he shall record in writing a brief statement of his reasons for such rejection. 14. Section 24 of the R.P. Act, 1950 has provided for appeals against any order passed by the jurisdictional Electoral Registration Officer under Section 23 of the R.P. Act, 1950. A first appeal would lie to the District Magistrate or Additional District Magistrate or Executive Magistrate or the District Collector or an office of equivalent rank from and order of the Electoral Registration Officer under Section 23. A second appeal would lie to the Chief Electoral Officer from any order of the District Magistrate or the Additional District Magistrate. 15. From the afore-stated statutory provisions, it is evident that if the petitioners are aggrieved by the deletion of their names from the electoral roll of No. 107 Sarupathar LAC, District - Golaghat, Assam, the petitioners have the statutory remedy of filing an application Page No.# 22/23 under Section 23[1] of the R.P. Act, 1950 at first. The jurisdictional Electoral Registration Officer is obligated to pass an order on such application within the prescribed time limit either allowing the application for inclusion or rejecting the application. If any application is to be rejected, then the Electoral Registration Officer shall have to record in writing a brief statement of his reasons for such rejection. If in the event application[s] of the petitioner[s] is/are rejected, then the petitioner[s] has/have the statutory remedy of filing two appeals, one after the other, under Section 24 of the R.P. Act. 16. Mr. Bhuyan, learned counsel for the petitioners has submitted that the petitioners have all the supporting documents to support their claim that their names have been arbitrarily deleted from the electoral rolls published for No. 107 Sarupathar LAC, District - Golaghat, Assam and the petitioners are in a position to file such an application under Section 23[1] of the R.P. Act, 1950 within the shortest possible time. 17. This Court has taken notice of the fact that by a Notification dated 16.03.2026 published in the Assam Gazette on 16.03.2026, the ECI has appointed the dates of election to the Legislative Assembly Constituencies of Assam. As per the Notification, the last date of making nominations is 23.03.2026 and the date by which the election is to be completed is 06.05.2026. Therefore, any application filed under Section 23[1] of the R.P. Act is possible to be considered after 06.05.2026. 18. In view of presence of such statutory, adequate and efficacious remedy, the writ petition is disposed of with the following observations and directions :- [i] The petitioner[s] will file application[s] under Section 23[1] R.P. Act before the jurisdictional Electoral Registration Officer along with the documents in support of their claim for inclusion of the name[s] in the electoral roll published for No. 107 Sarupathar LAC as expeditiously as possible, preferably within a period of 1 [one] month from today; [ii] If such application[s] are filed, the jurisdictional Electoral Registration Officer shall consider such application[s] in terms of the mandate contained in Section 23, R.P. Page No.# 23/23 Act read with Rule 26 of the Registration Rules so that the application[s] is/are decided by abiding to the statutory timeline; [iii] In the event the Electoral Registration Officer finds that any of the petitioner[s] name[s] deserve[s] to be included in the electoral roll, the necessary order[s] is/are to be passed accordingly; [iv] If in the event the Electoral Registration Officer rejects any application, then the same shall be with a brief statement of reasons and the order is to be communicated to the concerned petitioner forthwith thereafter; and [v] If after the decision of the jurisdictional Electoral Registration Officer any of the petitioners finds himself aggrieved in any manner, such petitioner would be at liberty to avail the statutory remedy under Section 24 of the R.P. Act. JUDGE Comparing Assistant Digitally signed by Rupam Basumatary Date: 2026.03.26 17:18:30 +05'30'