GAHC010002322025 2025:GAU-AS:2899 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/47/2025 ROFIQUE UDDIN AND 4 ORS S/O- IBRAHIM ALI, VILL- LALACHERRA T.E., P.O. VERNARPUR, P.S. LALA, DIST.- HAILAKANDI (ASSAM), PIN- 788163

2: ANWAR HUSSAIN S/O- LATE SOFIK UDDIN VILL- LALACHERRA T.E.

P.O. VERNARPUR P.S. LALA DIST.- HAILAKANDI (ASSAM)

PIN- 788163

3: ASROF UDDIN LASKAR S/O- LATE ISHAK ALI LASKAR VILL- NUNAIKHAL GRANT P.O. VERNARPUR P.S. LALA DIST.- HAILAKANDI (ASSAM)

PIN- 788163

4: ABDUL KALAM @ ABDUL KALAM LASKAR S/O- TAJ UDDIN VILL- LALACHERRA T.E.

P.O. VERNARPUR P.S. LALA DIST.- HAILAKANDI (ASSAM)

PIN- 788163

5: NEZAM UDDIN LASKAR S/O- LATE SAKHAT ALI LASKAR VILL- NUNAIKHAL GRANT P.O. VERNARPUR P.S. LALA DIST.- HAILAKANDI (ASSAM)

PIN- 78816 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06

2:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY DISPUR GUWAHATI- 06

3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI-37

4:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER HAILAKANDI (ASSAM)

PIN- 788151

5:THE DISTRICT ELECTORAL REGISTRATION OFFICER HAILAKANDI P.O. AND DISTRICT- HAILAKANDI ASSAM PIN- 788151

6:THE BLOCK DEVELOPMENT OFFICER LALA DEVELOPMENT BLOCK LALA P.O. AMALA DISTRICT- HAILAKANDI ASSAM PIN- 78816 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A H M R CHOUDHURY,MR H I CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.,SC, A S E C BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

18.03.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. H.I. Choudhury, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat & Rural Development Department for the respondent nos. 1, 3, 4 & 6; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2 & 5.

2. The petitioners, five in nos., have joined together to prefer this writ petition primarily with the following grievances, as mentioned in paragraphs 6 to 7 of the writ petition, :-

6. That the petitioners beg to state that in pursuance to the aforesaid notification although the process for delimitation of Gaon Panchayats, Anchalik Panchayats and Zilla Parishads in the district of Hailakandi but the delimitation in respect of petitioners Gaon Panchayat was not carried out and as such, the geographical area, boundary of the G.P and number of population of the Gaon Panchayat was remained as earlier. However, in the draft delimitation of Gaon Panchayat Wards which was published on 11.12.2024 in respect of Lalacherra Gaon Panchayat it was found that the large number of voters who were earlier a voter of one Ward have been changed to another wards without any bonafide reason which creates a serious inconvenience to them. It is more so, even a particular family members have been divided into two or more wards. The entire exercise has been carried out by the District Election Officer as well as the Chairman, District Delimitation Commission –cum- District Commissioner of Hailakandi district at the behest of some local political leaders to achieve their illegal gain.

7. That in context to the above, the petitioners beg to state that the petitioner no. 1, namely, Rofique Uddin was earlier a voter of Ward no. 6 of Lalacherra - Vernarpur Gaon Panchayat. In the draft Voter list, he along with few other voters name has been changed to Ward no. 7 at Sl. no. 405 of the said Gaon Panchayat and the rest voters were remained under the Ward no. 6. The petitioner no. 1 did not raise any objection due to change of his name from Ward no. 6 to 7 because of the fact that the distance between the Ward No.6 and 7 is minimum which creates no inconvenience to him and others. But surprisingly, in the final voter