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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Sabbir Ahmed Choudhury S/o Showkat Ali Choudhur – Appellant
Versus
State of Assam – Respondent
ORDER :
Heard Mr. R.A. Choudhury, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 3, 4, 5, 6, 7, 8 & 11; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2, 9 & 10.
2. The petitioners, 15 [fifteen] in nos., have approached this Court by the instant writ petition stating that they are residents of Revenue Village – Narainpur Part-II, which is presently renamed as Narayanpur Part-II, in the recent Assam Panchayat area delimitation process. Before the Assam Panchayat area delimitation process, the Village – Narayanpur Part-II was part of Chandpur-Ujankupa Gaon Panchayat, District – Hailakandi. Subsequent to the delimitation process, the Village – Narayanpur Part-II has been included in Ward no. 6 of the newly created Narayanpur Gaon Panchayat. The petitioners have contended that in the Final Voters List, which have been published on the 28.12.2024, the voters hailing from Narayanpur Part-II have been shifted to a different Gaon Panchayat area, namely, Chandpur-Boliapar
Grievances regarding electoral roll discrepancies can lead to closure of writ petitions if effectively redressed by authorities.
The court emphasized the necessity for timely consideration of electoral roll representations, ensuring adherence to relevant records and laws.
Public interest litigants must exhaust available administrative remedies before approaching the court, especially regarding voter registration and delimitation issues.
The court emphasized that family members residing in the same household must be included in the Electoral Roll, and arbitrary deletion of names is subject to rectification by competent authorities.
Delimitation Commission may rectify inadvertent errors under Section 11 of the Kerala Panchayat Raj Act, 1994; legal boundaries determined by the Commission are binding.
Delimitation of wards must consider population density alongside infrastructure and geographical considerations, and courts generally do not intervene in technical matters without substantial evidenc....
The court held that notifications for delimitation of Gram Panchayats are administrative acts not subject to judicial review unless proven arbitrary, and non-adherence to internal guidelines does not....
Judicial review in electoral delimitation matters is limited; objections must be timely filed, and lack of standing from petitioners prevents challenge.
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