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2026 DAILYLAW 44417 (CAL)

RASHIDA SHAHIN v. THE ELECTION COMMISSION OF INDIA AND ORS

WPA/21986/2026 · 2026-09-29

Krishna Rao

body2026

Judgment text

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S/L 212 29.09.2026 Court. No. 25 Sourav WPA 21986 of 2026 Rashida Shahin Vs. The Election Commission of India & Ors. Mr. Sadid Haider Mr. Aliul Islam … for the petitioner. Ms. Anamika Pandey … for E.C.I. Mr. Kaustav Seal … for the State. 1. Learned counsel for the petitioner submits that the name of the petitioner has been deleted from the voter list and accordingly, the petitioner has preferred an appeal before the Appellate Tribunal and the same is pending before the Appellate Tribunal. In the meantime, the petitioner has appeared in the NEET examination and she is qualified in the NEET examination, 2026. Now the petitioner has applied for MBBS Course but due to the deletion of the name of the petitioner from the voter list, the authorities are not providing the domicile certificate to the petitioner which is necessary for the petitioner to produce the same before the authority at the time of counseling. 2. The petitioner prays for a direction upon the Sub- Divisional Officer, Murshidabad for issuance of the temporary domicile certificate till the appeal is disposed of and he further undertakes that if the appeal goes against the petitioner, the petitioner will surrender the domicile certificate if any issued to the petitioner by the competent authority. 2 3. Learned counsel for the Election Commission of India submits that the petitioner has already preferred an appeal before the Appellate Authority and the Appellate Authority will consider the appeal in accordance with law and dispose of the appeal by passing an appropriate order. 4. Heard the learned counsel for the respective parties. 5. This Court finds that the appeal preferred by the petitioner is pending before the Appellate Tribunal, accordingly, the Appellate Tribunal is requested to dispose of the appeal as early as possible preferably within a period of three weeks from the date of receipt of this order. 6. If the Sub-Divisional Officer finds that the petitioner is eligible to get the domicile certificate without considering the deletion of the name of the petitioner and her mother from the voter list, the same shall be provided to the petitioner within in a week from the date of receipt of this order subject to undertaking by the petitioner that in case, the petitioner failed to succeed in the appeal filed before the Appellate Tribunal, the petitioner will surrender the domicile certificate, if any, issued within a week after the order passed by the Appellate Authority. 7. In view of the above, WPA 21986 of 2026 is disposed of. 8. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)