SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Gau) 92

THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, J
Sabbir Ahmed Choudhury S/o Showkat Ali Choudhur And 14 Ors - Appellant
Versus
The State Of Assam And 10 Ors - Respondent
WP(C) / 37 / 2025
Decided On : 21-02-2025

Advocates Appeared:
For the Petitioner: MR. R A CHOUDHURY, MR. H ISLAM,MR. R A MAZUMDER
For the Respondent: GA, ASSAM, SC, A S E C,SC, P AND R.D.

IMPORTANT POINT
Grievances regarding electoral roll discrepancies can lead to closure of writ petitions if effectively redressed by authorities.

Headnote:

(A) Constitution of India - Article 226 - Writ petition regarding electoral roll discrepancies - Petitioners, residents of Narainpur Part-II, challenged the inclusion of their names in the wrong Gaon Panchayat following delimitation - Court found grievances redressed by authorities, leading to closure of the petition - Petitioners' liberty to seek further remedies preserved. (Paras 2 - 6 )

(B) Writ Jurisdiction - Scope - Court may close a writ petition if grievances are resolved and no cause of action remains. (Paras 5 - 6 )

Facts of the case:

Petitioners contended that their names were erroneously listed under Chandpur-Boalipar Gaon Panchayat instead of Narayanpur Gaon Panchayat after the delimitation process. The electoral roll was corrected following their applications.

Findings of Court:

The grievances of the petitioners were effectively redressed, resulting in closure of the writ petition.

Issues: Whether the grievances raised by the petitioners regarding electoral roll discrepancies were resolved.

Ratio Decidendi: The court held that if grievances are resolved, the writ petition lacks a surviving cause of action.

Result: Writ petition closed.

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 Gaon Panchayat. The petitioners have contended that such action is in contravention with the delimitation notification as well as the guidelines laid down the concerned Notification whereby the Standard Operating Procedures [SOP] were framed.

3. Mr. Konwar has submitted that he has received the para-wise comments received vide Communication bearing no. HZP.2011/WP[C]37/2025/29 dated 04.02.2025 in respect of the grievances raised by the petitioners in this petition. He has submitted that from the comments received against Para no. 2, Para no. 5, Para no. 6 and Para no. 11 thereof, it is apparent that the grievances of the petitioners have been effectively redressed.

4. For ready reference, the comments received in respect of Para no. 2, Para no. 5, Para no. 6 and Para no. 11 are reproduced hereinbelow :-

Para. 2- It is fact that before delimitation Vill- Narainpur Pt-II was under Group No. 4 of Chandpur Ujankupa G.P. and after delimitation the said revenue village i.e. Narainpur Pt-II was in W/No. 6 under Narayanpur G.P. but due to some clerical error when the final electoral roll was published on 28.12.2024 the name of some voters of Narainpur Pt-II were enlisted under Chandpur Boalipar G.P. which has already been corrected and restored in W/No. 6 & 7 of Narayanpur G.P.

* * * *

Para. 5- It is fact that prior to delimitation of G.P., A.P. & Z.P. constituencies the revenue village Narainpur Pt-II was under Chandpur Ujankupa G.P. and after delimitation the revenue village Narainpur Pt-II has come under Narayanpur G.P. under No. 122, Algapur Katlicherra LAC.

Para. 6- On seeing the inadvertent entry of the population of revenue village Narainpur Pt-II under W/No. 2 & 3 in Chandpur-Boalipar G.P. instead of Narayanpur G.P., the petitioner No. 1, Sabbir Ahmed Choudhury & others submitted an application on 19.09.2024 to the respondent No. 7, praying for inclusion of revenue villages Ujankupa Pt-II, Chakchandpur, Chandpur, Narainpur Pt-I, Narainpur Pt-II, Itorkandi Pt-I under their old G.P. i.e. Chandpur-Ujankupa G.P. and they also submitted an application on 30.12.2024 to the respondent No. 9 stating that the village Narainpur Pt-II was included as W/No. 6 of Narayanpur G.P. but unfortunately it appears in final part of electoral roll the village Narainpur Pt-II was included under Chandpur- Boalipar G.P. as W/No. 2 & 3 of the said G.P. and they prayed for correction of the same. Accordingly, on the basis of application dated 19.09.2024 Narainpur Pt-II & Itorkndi Pt-I has been included in Narainpur G.P. [which was earlier Chandpur-Ujankupa G.P.] and on the basis of application dated 30.12.2024 the revenue village Narainpur Pt-II has been included under Narayanpur G.P., as W/No. 6 & 7 as desired by the petitioners. The corrected


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top