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2026 DAILYLAW 19862 (CAL)

EKRAMUL HAQUE v. THE UNION OF INDIA AND ORS

WPA/643/2026 · 2026-05-14

Aniruddha Roy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 WPA 643 of 2026 A.Roy, J. Form J(2) Sl.No.6 Sc In the High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy WPA 643 OF 2026 Sri Ekramul Haque Vs. The Union of India & Ors. For the petitioner : Mr. Biprojyoti Bhowmik, Adv. For the Respondent Nos. 1 : Mr. Ajoy Kumar Singhania, Adv. For the Respondent ECI : Ms. Anamika Pandey Adv.(VC), Mr. Ghyanshyam Pandey Adv. (VC). Heard on : May 14, 2026 Judgment on : May 14, 2026 [In Court] Aniruddha Roy, J. : 1. Mr. Biprojyoti Bhowmik, learned Advocate appears for the petitioner. 2 WPA 643 of 2026 A.Roy, J. 2. Mr. Ajoy Kumar Singhania, learned Advocate appears for the respondent no.1. 3. Ms. Anamika Pandey, learned Advocate (VC) appears for the Election Commission of India. 4. Referring to the work permit, Annexure-P5 at page 41 and the work contract, Annexure-P16 at page 42 to the writ petition petitioner submits that, the name of the petitioner has been deleted from the Voters’ List on March 27, 2026 as would be evident from page 26 to the writ petition. The petitioner has filed an SIR Appeal bearing No.APS2501G310326226346 (hereafter, the SIR Appeal filed by the petitioner). 5. The petitioner submits that, he has been working as a mason at Bhutan. In the event, the appeal is not disposed of, the petitioner shall not be able to produce any valid citizenship document before its employer and even at the entry point of Bhutan as per the prevailing relevant Rule/Rules of Immigration. 6. The petitioner prays for an early disposal of his SIR Appeal. In support, the petitioner has relied upon two orders passed by the Hon’ble Supreme Court, which are as follows : a) An order dated April 20, 2026 , In the matter of : Monowara Khatun –vs.- The Election Commission of India & Ors. rendered in Writ Petition (s) (civil) No(s).496 of 2026, where it has been observed as under : 3 WPA 643 of 2026 A.Roy, J. “1. The petitioner, being aggrieved by her exclusion from the voter list in the SIR process, is said to have already approached the Appellate Tribunal on 03.04.2026. We dispose of the instant writ petition with a request to the Appellate Tribunal to accord out of turn hearing and decide the petitioner’s appeal at the earliest. 2. Pending application(s), if any, shall stand closed.” b) An order dated April 24, 2026, In the matter of : Mostari Banu –vs.- The Election Commission of India & Ors. rendered in Writ Petition(s) (Civil) No(s). 1089 of 2025, where the Hon’ble Supreme Court had observed as under : “ 1. Most of the issues have been comprehensively answered through our order dated 13.04.2026 passed in these proceedings. However, we understand that some issues will continue to arise on a day-to-day basis, which may require the urgent attention of either the Hon’ble Chief Justice of the Calcutta High court or the Appellate Tribunals. We, therefore, grant liberty to the petitioners/applicants/intervenors or other stakeholders/similarly placed persons or the applicants in IA No.125518/2026 and IA No.72026/2026 to : (i) Approach the Hon’ble Chief Justice of the High Court on the administrative side for redressal of any pending issues, (ii) Similarly, if the matter requires judicial intervention, they shall be entitled to approach the High Court on the judicial side, (iii) As regards those petitioners/applicants/intervenors or other stakeholders/similarly placed persons, who have approached the Appellate Tribunals, they may seek an out-of-turn hearing of their appeals based on urgency, if any, in terms of the order passed by this Court separately vide order dated 13.04.2026. 2. IA No. 125518/2026 and IA No.72026/2026 are disposed of. 3. List the main matter on 11.05.2026.” 7. In view of the above, the SIR appellate tribunal is requested to dispose of the said SIR Appeal, filed by the petitioner, as expeditiously as possible. 8. Accordingly, the writ petition, WPA 643 of 2026 stands disposed of, without any order as to costs. 4 WPA 643 of 2026 A.Roy, J. 9. Parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Aniruddha Roy, J.)