Gauhati High Court
Ruksana Begum vs The Union Of India And 6 Ors on 1 October, 2024
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/5
GAHC010155632019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2345/2019
RUKSANA BEGUM
W/O LATE SAIFUDDIN, R/O VILL. KAROIGURI, P.O. PUB SALPARA, P.S.
RUPAHIHAT, DIST. NAGAON, ASSAM, PIN 782125
VERSUS
THE UNION OF INDIA AND 6 ORS.
REPRESENTED BY THE SECY., THE MINISTRY OF POLITICAL AND HOME
AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI, 110001
2:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN ASHOKA ROAD
NEW DELHI- 110001
3:THE STATE OF ASSAM
THROUGH THE COMM. AND SECY.
TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPTT.
DISPUR
GHY-6
4:THE CHIEF ELECTION OFFICER
ASSAM
HOUSEFED COMPLEX
BELTOLA ROAD
GHY-6
5:THE ELECTORAL REGISTRATION OFFICER
KALIABOR SUB-DIVISION
DIST- NAGAON
ASSAM
PIN- 782001
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6:THE DY. COMMISSIONER CUM DISTRICT ELECTION OFFICER CUM
ELECTORAL REGISTRATION OFFICER
NAGAON
P.O. AND DIST- NAGAON
ASSAM
PIN- 782001
7:THE SUPERINTENDENT OF POLICE (B)
NAGAON
P.O. NAGAON
DIST- NAGAON
ASSAM
PIN- 78200
Advocate for the Petitioner : MR. JUNM LASKAR, MS. A AHMED
Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ELECTION COMMISSION.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
01.10.2024
1. No one appears for the applicant. Mr. A.I. Ali, learned counsel appears for
Election Commission of India, i.e. respondent nos.2, 4 & 5.
2. This is an application for correction of the mistakes made in the judgment
and order dated 19.02.2019 passed in WP(C) 8540/2018. The applicant's case is
that mistakes have occurred in paragraph nos.2, 3, 5 and 23 of the judgment
and order dated 19.02.2019 and the same should be corrected as follows:
"A) At Para 2-
"...seeks a direction to the respondents to remove the tag of doubtful (D) voter
against her name in the electoral roll." be replaced by-
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"seeks a direction to the respondents to remove the tag of doubtful (D) voter
against the name of late husband of the petitioner".
B) At Para 3-
"According to the petitioner she was a voter of Samuguri Constituency in the
District of Nagaon but in the voter list of 1997 she was marked as "D" voter.
Since then she has been continued to be marked as "D" voter thereby depriving
her from exercising her right of franchise. Petitioner has questioned the process
by which she was marked as "D" voter. According to the petitioner, she cannot
be treated as a "D" for an indefinite period" be replaced by -
"According to the petitioner her husband was a voter of Samuguri Constituency
in the District of Nagaon but in the voter list of 1997 he was marked as "D"
voter. Since then he has been continued to be marked as "D" voter thereby
depriving him from exercising his right of franchise. Petitioner has questioned
the process by which her husband was marked as "D" voter. According to the
petitioner, her husband cannot be treated as a "D" for an indefinite period"
C) At Para 5 at 3rd line "..... marking of the petitioner as a "D" voter" be
replaced as ".....marking of the husband of the petitioner as a "D" voter".
D) At Para 23 (1)
1. Electoral Registration Officer, Nagaon shall forward the case of the
petitioner....." be replaced by
1. Electoral Registration Officer, Nagaon shall forward the case of the husband
of the petitioner....."
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3. Mr. A.I. Ali, learned counsel for the respondent nos.2, 4 & 5 submits that
the application may be allowed, inasmuch as, there is no infirmity with the
prayer made by the petitioner when reading the contents of the disposed of writ
petition.
4. On perusal of the writ petition, it is found that mistakes have occurred in
the judgment and order dated 19.02.2019, inasmuch as, the prayer for removal
of the tag of "Doubtful Voter" was in relation to the petitioner's husband and not
against the petitioner herself. Accordingly, the prayer of the applicant in terms
of the above is allowed.
5. The correction of judgment and order dated 19.02.2019 passed in WP(C)
8540/2018 is accordingly made as follows :
"A) At Para 2-
"...seeks a direction to the respondents to remove the tag of doubtful (D) voter
against her name in the electoral roll." be replaced by-
"seeks a direction to the respondents to remove the tag of doubtful (D) voter
against the name of late husband of the petitioner".
B) At Para 3-
"According to the petitioner she was a voter of Samuguri Constituency in the
District of Nagaon but in the voter list of 1997 she was marked as "D" voter.
Since then she has been continued to be marked as "D" voter thereby depriving
her from exercising her right of franchise. Petitioner has questioned the process
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by which she was marked as "D" voter. According to the petitioner, she cannot
be treated as a "D" for an indefinite period" be replaced by -
"According to the petitioner her husband was a voter of Samuguri Constituency
in the District of Nagaon but in the voter list of 1997 he was marked as "D"
voter. Since then he has been continued to be marked as "D" voter thereby
depriving him from exercising his right of franchise. Petitioner has questioned
the process by which her husband was marked as "D" voter. According to the
petitioner, her husband cannot be treated as a "D" for an indefinite period"
C) At Para 5 at 3rd line "..... marking of the petitioner as a "D" voter" be
replaced as ".....marking of the husband of the petitioner as a "D" voter".
D) At Para 23 (1)
1. Electoral Registration Officer, Nagaon shall forward the case of the
petitioner....." be replaced by
1. Electoral Registration Officer, Nagaon shall forward the case of the husband
of the petitioner....."
6. The I.A.(C) is accordingly allowed and disposed of.
JUDGE
Comparing Assistant
