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GAHC010037092017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5248/2017 ABDUL SABUR and 24 ORS.
S/O- LATE RASHID ALI, VILL- MAZARGRAM, P.O- ERALIGOOL
2: FAKHAR UDDIN S/O- LATE SOID ALI VILL- BOTOIYA BASTI and CHOTOIYA P.O- ERALIGOOL
3: HABIBUR RAHMAN S/O- MOBAT ALI VILL- JAKIALA P.O- ERALIGOOL
4: RAJAB ALI S/O- AJMIR ALI VILL- SAFALA BASTI P.O- ERALIGOOL 5: NOOR UDDIN S/O- ARJID ALI VILL- BORTOIYA BASTI and CHOTOIYA P.O- ERALIGOOL
6: SAMSUL ISLAM S/O- IRFAN ALI VILL- SAFALA BASTI P.O- ERALIGOOL
7: ABDUL AZIZ S/O- AZAMAT ALI VILL- MAZORGRAM P.O- ERALIGOOL 8: FAIJUL HOQUE S/O- AKADDAS ALI VILL- BOTOIYA BASTI and CHOTOIYA P.O- ERALIGOOL
9: ABDUL KHALIQUE S/O- ABDUL HAMID VILL- BOTOIYA BASTI and CHOTOIYA P.O- ERALIGOOL
10: BADRUL ALOM S/O- ABDUL MAJID VILL- SAFALA BASTI P.O- ERALIGOOL
11: ABDUL HEKIM TALUKDAR S/O- SAJJAD ALI VILL- JAKIALA P.O- ERALIGOOL
12: SAHAB UDDIN S/O- SOKHAWAT ALI VILL- SAFALA BASTI P.O- ERALIGOOL
13: LUTFUR RAHMAN S/O- ABDUL KHALIQUE VILL- JAKIA P.O- ERALIGOOL 14: ABUL KALAM S/O- MOKBUL ALI VILL- MAZORGRAM P.O- ERALIGOOL
15: SUFIAN AHMED S/O- KUTUB ALI VILL- SAFALA BASTI P.O- ERALIGOOL 16: AZAD UDDIN S/O- FAYAZ ALI VILL- SAFALA BASTI P.O- ERALIGOOL
17: NAJIR UDDIN AHMED S/O- ABDUL RASHID VILL- SAFALA BASTI P.O- ERALIGOOL
18: NAZRUL HOQUE S/O- AKKADAS ALI VILL- BOTOIYA BASTI and CHOTOIYA P.O- ERALIGOOL 19: SURMAN ALI S/O- YAFUS ALI VILL- BOTOIYA BASTI and CHOTOIYA P.O- ERALIGOOL
20: ALA UDDIN S/O- ASID ALI VILL- JAKIALA P.O- ERALIGOOL 21: MONA GOOR S/O- CHABIYA GOOR VILL- MUKANCHARA PUNJI P.O- ERALIGOOL 22: HILAL UDDIN S/O- MOIZUL ISLAM VILL- MAZORGRAM P.O- ERALIGOOL 23: HAJIM UDDIN S/O- ABDUL HAMID VILL- MAZORGRAM P.O- ERALIGOOL 24: IYACHIN ALI S/O- ABDUN NOOR VILL- MAZORGRAM P.O- ERALIGOOL
25: PAATAR UDDIN S/O- ABDUL SUKKUR VILL- MAZORGRAM P.O- ERALIGOOL ALL ARE OF DIST- KARIMGANJ ASSA VERSUS THE ELECTION COMMISSION OF INDIA and 2 ORS.
REP. BY ITS CHIEF ELECTION COMMISSIONER, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI
2:THE ASSAM STATE ELECTION COMMISSION REP. BY ITS CHIEF ELECTORAL OFFICER BELTOLA-BASISTHA ROAD HOUSEFED BASISTHA PUR GHY-9 ASSAM
3:THE DEPUTY COMMISSIONER KARIMGANJ P.O AND DIST- KARIMGANJ PIN- 788710 ASSA Advocate for the Petitioner : MR. A H M R CHOUDHURY Advocate for the Respondent : SC, ELECTION COMMISSION.
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
['A H M R CHOUDHURY', '', 'A R TALUKDAR', 'SC', 'ELECTION COMMISSION', '', 'GA', 'ASSAM']
ORDER
21.03.2022 Heard Mr. A.R. Talukdar, learned counsel for the petitioners; Mr. A.I. Ali, learned Standing Counsel, Election Commission of India [ECI] for the respondent no. 1; Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] for the respondent no. 2;
and Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent no. 3.
2. The case of the petitioners, 25 in nos., are that they are permanent voters under South Karimganj Legislative Assembly Constituency, District – Karimganj. Being voters, the petitioner’s names are enrolled in the voters list for the said Legislative Assembly Constituency.
3. The grievances of the petitioners in this writ petition are inter alia to the effect that, firstly, there were discrepancies in the addresses of the petitioners reflected in the electoral rolls and secondly, as a consequence of the said discrepancies in the addresses of the petitioners appearing in the electoral rolls, there are also discrepancies in the addresses of the petitioners in the Elector’s Photo Identity Cards [EPIC].
4. Mr. Talukdar, learned counsel for the petitioners has submitted that in so far as the first grievance regarding discrepancies in the addresses of the petitioners in the electoral rolls is concerned, the said grievance has already been redressed.
5. Mr. Ali, learned Standing Counsel, ECI has submitted that in order to remove the discrepancies in the addresses of the petitioners appearing in the Elector’s Photo Identity Cards [EPIC], the petitioners are required to submit an application in Form-8 of the Registration of the Electors Rules 1960. The said application in Form-8 has been prepared in terms of the Rule 13[1] and Rule 26 of the Registration of the Electors Rules 1960. Mr. Ali has submitted that if the petitioners have any grievance regarding the discrepancies entered in their respective Elector’s Photo Identity Cards [EPIC], then the petitioners can fill up Form-8 which is available in the National Voters Services Portal [NVSP] and submit the same online.
6. Having regard to the fact that a facility is already available for correction of the addresses of the petitioners in respect of the discrepancies appearing in their Elector’s Photo Identity Cards [EPIC], this Court is of the considered view that instead of pursuing this writ petition, the petitioners shall submit online applications in Form-8 in the National Voters Services Portal [NVSP] for any discrepancies appearing in their respective Elector’s Photo Identity Cards [EPIC]. In such view of the matter, this writ petition is closed.
7. The petitioners, in order to correct their addresses, shall submit the necessary application in Form-8 in the National Voters Services Portal [NVSP].
JUDGE Comparing Assistant
