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2026 DAILYLAW 3467 (GAU)

SAIDUL ISLAM v. THE UNION OF INDIA

I.A.(Civil)/266/2026 · 2026-02-12

Kalyan Rai Surana, Susmita Phukan Khaund

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Judgment text

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Page No.# 1/5 GAHC010020942026 2026:GAU-AS:2184- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/266/2026 SAIDUL ISLAM SO LATE OMAR ALI, RO VILL SHILOSHI, PS BAGHBOR, DIST BARPETA, ASSAM, PIN 781301 2: ANOWARA KHATUN DO LATE OMAR ALI WO ZAKIR HUSSAIN RO VILL SHILOSHI PS BAGHBOR DIST BARPETA ASSAM PIN 781301 3: MANOWARA KHATUN DO LATE OMAR ALI WO AYNAL HAQUE RO VILL SHILOSHI PS BAGHBOR DIST BARPETA ASSAM PIN 781301 4: SAIFUL ISLAM DO LATE OMAR ALI RO VILL SHILOSHI PS BAGHBOR DIST BARPETA ASSAM PIN 781301 5: RINOWARA KHATUN DO LATE OMAR ALI WO ZABED ALI Page No.# 2/5 RO VILL SHILOSHI PS BAGHBOR DIST BARPETA ASSAM PIN 781301 6: SANIYARA KHATUN DO LATE OMAR ALI RO VILL SHILOSHI PS BAGHBOR DIST BARPETA ASSAM PIN 78130 VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI 1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPARTEMENT DISPUR GUWAHATI 6 3:THE DISTRICT COMMISSIONER BARPETA PO AND DIST BARPETA ASSAM PIN 781301 4:THE SUPERINTENDENT OF POLICE (B) BARPETA PO AND DIST BARPETA ASSAM PIN 781301 5:THE ELECTION COMMISSION OF INDIA NEW DELHI 1 6:THE STATE CO ORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 2ND FLOOR BANPHOOL NAGAR DISPUR Page No.# 3/5 GUWAHATI Advocate for the Petitioner : MR. A R SIKDAR, MR. Z H BORA,MR. S I TALUKDAR,J A SIKDAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 13.02.2026 (K.R. Surana, J) Heard Mr. J.A. Sikdar, learned counsel for the applicants. Also heard Mr. P.S. Lahkar, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Junior Government Advocate for the State respondent. 2. By filing this interlocutory application, it is projected that during the pendency of WP(C)/1438/2019, the petitioner therein, namely, Omar Ali, S/o – Muntaz Ali, R/O Village – Shiloshi, P.S. – Baghbor, District – Barpeta, (Assam), has died on 14.07.2023, leaving behind the following legal representatives:- 1.(a) Saidul Islam, 1.(b) Anowara Khatun, 1.(c) Manowara Khatun, Page No.# 4/5 1.(d) Saiful Islam, 1.(e) Rinowara Khatun, 1.(f) Saniyara Khatun, 3. Accordingly, the applicants have prayed for substituting them on death of their father. 4. It has been stated in this interlocutory application that the delay in impleading was caused due to their lack of knowledge of substitution. It is also submitted that the substitution is required as the opinion impugned in the said writ petition may prejudice them. 5. Considering the reasons assigned, this interlocutory application stands allowed. The applicants, namely, 1.(a) Saidul Islam, 1.(b) Anowara Khatun, 1. (c) Manowara Khatun, 1.(d) Saiful Islam, 1.(e) Rinowara Khatun and 1.(f) Saniyara Khatun, are permitted to be impleaded as substituted petitioners in WP(C)/1438/2019. 6. The applicants, through their learned counsel shall provide a copy of the amended cause title to the AO(J), FT Section, for substituting their names as petitioners in the said writ petition on death of the original petitioner. 7. This application stands allowed and disposed of. JUDGE JUDGE Page No.# 5/5 Comparing Assistant