IMPORTANT POINT
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.

ORDER :

MANISH CHOUDHURY, J.

Heard Mr. N.H. Barbhuiya, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 3 & 5; Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2, 6, 7 & 8; and Ms. P. Baruah, learned Standing Counsel, ECI for the respondent no. 4 through virtual mode.

2. The petitioners, 4 [four] in nos., have approached this Court by the present writ petition stating that they have similar kind of grievances, though factually slightly different from each other. The petitioners have stated that they are inhabitants of Karimganj District [now, Sribhumi District], which district consist of 95 Gaon Panchayats. One of the Gaon Panchayats is 85 no. Dhalcherra Gaon Panchayat. After the recent delimitation exercise, the respondent authorities have published a final Electoral Roll for Panchayat Election.

3. The grievance of the petitioner no. 1 viz. Abdul Qadir is to the effect that in the final Electoral Roll, both the petitioner no. 1 and his wife viz. Yarun Nessa Begum are shown residents of House no. 302. But the name of the petitioner no. 1 has been shown deleted and transferred. After such deletion and transfer, the name of the petitioner has not been enrolled in any other place in the Electoral Roll. It is further submitted that the names of his daughters viz. Salma Begum [Sl. no. 151]; [ii] Fateha Sultana [Sl. no. 152]; and [iii] Tayiba Sultana [Sl. no. 153]; and his son, Abu Taher Md. Yeahiya [Sl. no. 154] are also shown deleted and transferred in the final Electoral Roll.

3.1. The grievance of the petitioner no. 2 viz. Amirul Hoque is to the effect that the names of the petitioner no. 2 and his wife were shown as voters at serial no. 259 & 260 from Household no. 265 in the draft Electoral Roll. But in the final Electoral Roll, their names are not enrolled and are shown as deleted [transferred].

3.2. The grievance of the petitioner no. 3 viz. Abdul Basit is that the names of the petitioner no. 3 along with his family members were shown enrolled against Household no. 163 from serial no. 1124 to 1130 in the draft Electoral Roll. But in the final Electoral Roll, their names are shown as deleted [transferred].

3.3. The grievance of the petitioner no. 4 viz. Nurul Hoque is that the names of the petitioner no. 4 along his family were shown against Household no. 117 from serial no. 942 to 945 in the draft Electoral Roll. But in the final Electoral Roll, their names are shown as deleted [transferred].

4. What have emerged from the above projections made by the petitioners is that though the member of families are shown residents of one household but some of the family members are shown to be deleted and transferred from the Electoral Roll. In case of few others, their names are shown as deleted [transferred]. The main grievance of the petitioners is that an arbitrary and discriminatory procedure has been adopted in respect of their cases.

5. Mr. Dubey, learned Standing Counsel, Assam State Election Commission has submitted that the petitioners can approach the jurisdictional Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election by filing individual rectification application highlighting their grievance with the supporting documents so that the said authorities can look into the grievances of the petitioners individually. He has further submitted that to rectify such situation, the Assam State Election Commission has already issued a Communication on 17.01.2025 to the concerned District Commissioner who, in turn, has accordingly directed the jurisdictional Electoral Registration Officer / Assistant Electoral Registration Officer, Panchayat Election to look into such grievances. He has further submitted that by the said Communication dated 17.01.2025, the time-period for submission of such rectification application is 31.0