A writ petition challenging the deletion of names from electoral rolls is premature and non-maintainable if the petitioner has not first exhausted the statutory remedies for inclusion and appeal provided under the governing legislation, particularly when the issue involves disputed questions of fact.

JUDGMENT :

MANISH CHOUDHURY, J.

Heard Mr. H.A. Laskar, learned counsel for the petitioners; Ms. S. Kataki, learned Standing Counsel, Election Commission of India [ECI] for the respondent nos. 1, 2, 4 & 5; and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent no. 3.

2. The petitioners, sixty-five in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India stating that they have a common cause of action to espouse.

3. The petitioners have claimed that they are residents of Village – Shombhu Nagar, Post Office – Kotamoni Bazar, Pin – 788728, District – Sribhumi, Assam. The petitioners have stated that for a long period of time they have been casting their votes in both State Legislative Assembly Elections and/or Parliamentary Elections by virtue of enrollment of their names as voters in the concerned Electoral Rolls, published from time to time. The petitioners have claimed that they had cast their votes in the previous elections for both State Legislative Assembly Elections and/or Parliamentary Elections as the voters from 125 No. Patherkandi Legislative Assembly Constituency [LAC], District – Sribhumi, Assam. All the petitioners were issued Electoral Photo Identity Cards [EPICs] by the Election Commission of India [ECI].

4. Mr. Laskar, learned counsel for the petitioners has submitted that during the process of Special Revision of Electoral Rolls, 2026 carried out in the State of Assam, house to house verification of voters was carried out and thereafter, a draft Electoral Roll was published on 27.12.2025 inviting claims and objections from eligible voters. After disposal of the claims and objections on 02.02.2026, the final Electoral Roll for the year 2026 was published on 10.02.2026 for Polling Station no. 201 under 125 No. Patherkandi LAC. He has submitted that the names of the petitioners were initially enlisted in the final Electoral Roll published on 10.02.2026 in respect of Polling Station no. 201. But the petitioners, to their surprise, have found that their names are not traceable in the official portal maintained by the ECI.

5. Mr. Laskar has submitted that as their names are not included in the Electoral Rolls, the petitioners would be prevented from exercising the valuable right to franchise in the upcoming Legislative Assembly Election in Assam where the date, 09.04.2026 has been notified as the date of polling. He has further contended that the name of a voter whose name was included in the previous Electoral Roll and also found in the Electoral Roll published on 10.02.2026, could not have been deleted from the Electoral Roll arbitrarily and before such deletion, such a person must be given a prior opportunity of being heard. But, none of the petitioners was afforded any prior opportunity of being heard.

6. When the writ petition was moved on 23.03.2026, Ms. Kataki, learned Standing Counsel, ECI was requested to obtain instructions as to whether the names of the petitioners are enrolled in the official electoral database maintained by the ECI. Today, Ms. Kataki has submitted, upon receipt of instructions, that out of the sixty-five nos. of petitioners, the names of the petitioner no. 3, petitioner no. 1 [reflected as Fayaj Ali], Petitioner no. 4 [reflected as Fuchsna Begom], petitioner no. 6 and petitioner no. 62 [never deleted] are included in the Electoral Roll and they can exercise right to franchise in the General Election. The names of the remaining sixty nos. of petitioners’ are