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2026 DAILYLAW 6587 (GAU)

AZIBOR RAHMAN v. THE UNION OF INDIA

I.A.(Civil)/730/2026 · 2026-05-20

Michael Zothankhuma

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010041472026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/730/2026 AZIBOR RAHMAN S/O LATE SHAJALI MONDAL @ SAJALI MONDAL @ SHAHAJ ALI MONDAL R/O VILL- SALBARI, P.O. GOURNAGAR, P.S. LAKHIPUR, DIST. GOALPARA, ASSAM PIN-783132. VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DLEHI-1. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY NIRVACHAN BHAWAN NEW DELHI-1. 3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 4:THE STATE COORDINATOR OF NRC ASSAM BHANGAGARH GUWAHATI- 05. 5:THE DISTRICT COMMISSIONER CUM DISTRICT ELECTION OFFICER GOALPARA ASSAM PIN- 783101. 6:THE SUPERINTENDENT OF POLICE (B) GOALPARA ASSAM PIN-783101 Advocate for the Petitioner : MR. M ALI, V KHAKHALARY,MR. M U MAHMUD,MR J. E. SARKAR Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T Page No.# 2/4 Linked Case : WP(C)/3719/2025 AZIBOR RAHMAN S/O LATE SHAJALI MONDAL @ SAJALI MONDAL @ SHAHAJ ALI MONDAL R/O VILL- SALBARI P.O. GOURNAGAR P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN-783132. VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DLEHI-1. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY NIRVACHAN BHAWAN NEW DELHI-1. 3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 4:THE STATE COORDINATOR OF NRC ASSAM BHANGAGARH GUWAHATI- 05. 5:THE DISTRICT COMMISSIONER CUM DISTRICT ELECTION OFFICER GOALPARA ASSAM PIN- 783101. 6:THE SUPERINTENDENT OF POLICE (B) GOALPARA ASSAM PIN-783101. ------------ Advocate for : MR. M ALI Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 21.05.2026 1. Heard Mr. M.U. Mahmud, learned counsel for the applicant/writ petitioner. Also heard Ms. S. Kataki, learned Standing Counsel, ECI for the Opposite Party No. 2, Ms. S. Doloi, learned counsel appearing on behalf of Mr. J. Payeng, learned Standing Counsel for Home & FT/NRC for the Opposite Party Nos. 3, 4, and 6. 2. This is an application for amending the cause title and affidavit of the writ petition, inasmuch as the applicant/writ petitioner has shown his father, Shajali Mondal, as deceased, by using the word “late” in the cause title and in the affidavit. 3. In view of the said error committed by the petitioner by putting the word “late” before the name of his father, the said error has crept into the order dated 27/06/2025 passed in WP(C) 3719/2025. 4. The counsel for the applicant/writ petitioner accordingly submits that the same has caused a lot of problems to the petitioner, inasmuch as the issue of the petitioner being a doubtful voter is being considered in the Foreigners' Tribunal, Goalpara. He accordingly prays that the error that has crept in may be allowed to be amended in the disposed of writ petition and the consequential order passed in the said writ petition, by deleting the word “late” before the name of his father. 5. The counsels for the respondents submit that they have got no objection Page No.# 4/4 to the prayer made by the applicant/writ petitioner’s counsel. 6. The application is accordingly allowed. 7. The name of the applicant/writ petitioner and the address given by him in WP(C) 3719/2025 is as follows:- “AZIBOR RAHMAN, AGED ABOUT 43 YEARS S/O- LATE SHAJALI MONDAL @ SAJALI MONDAL @ SHAHAJ ALI MONDAL RESIDENT OF VILL-SALBARI, P.O-GOURNAGAR PS- LAKHIPUR, DIST-GOALPARA, ASSAM PIN-783132.” 8. In view of this Court allowing the prayer of the applicant/writ petitioner, the applicant is allowed to amend the cause title and affidavit in the writ petition, by deleting the word “late” from the name of his father and, as such, the applicant/writ petitioner’s father should now be known as Shajali Mondal @ Sajali Mondal @ Shahaj Ali Mondal. 9. The applicant shall submit a corrected copy of the cause title and affidavit in the writ petition to the Registry. 10. The I.A. is accordingly disposed of. JUDGE Comparing Assistant