[Cites 4, Cited by 0]

Gauhati High Court

Page No. 1/8 vs Page No. 6/8 on 6 February, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

Page No. 1/8

GAHC010020012026

undefined

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/557/2026

ABDUL KADIR
S/O JOSUM UDDIN PERMANENT RESIDENT OF NO. 3 RAJA PUKHURI,POST
OFFICE DHUPGURI,POLICE STATION URIAMGHAT,CONSTITUENCY
SARUPATHAR,DISTRICT GOLAGHAT, ASSAM, PIN 785601PRESENTLY
RESIDING AT NAOJAN NO. 2 KORIGAON,P.O. NAOJAN, P.S. SARUPATHAR,
DIST GOLAGHAT, ASSAM 785601

2: ABUL HUSSAIN
S/O LT. ABDUL SUBAN
PERMANENT RESIDENT OF NO. 3 RAJA PUKHURI
POST OFFICE DHUPGURI
POLICE STATION URIAMGHAT
CONSTITUENCY SARUPATHAR
DIST GOLAGHAT
ASSAM
PIN 785601
PRESENTLY RESIDING AT NAOJAN NO. 2 KORIGAON
P.O NAOJAN
P.S SARUPATHAR
CONSTITUENCY SARUPATHAR
DIST GOLAGHAT
ASSAM
PIN 785601

3: ABDUL KALAM
SON OF ACHAR ALI
PERMANENT RESIDENT OF NO. 3 RAJA PUKHURI
POST OFFICE DHUPGURI
POLICE STATION URIAMGHAT
CONSTITUENCY SARUPATHAR
DIST GOLAGHAT
ASSAM
PIN 785601
PRESENTLY RESIDING AT NAOJANBILPATHAR
Page No. 2/8

P.O NAOJAN
P.S SARUPATHAR
CONSTITUENCY SARUPATHAR
DIST GOLAGHAT
ASSAM
PIN 785601.

4: AINUL HOQUE
SON OF LATE ALAL UDDIN

5: ABDUL MATALEB
SON OF LATE CHAHAR ALI

6: MD TAZMUL HUSSAIN
SON OF MD. EDRISH ALI

7: MAINUL HOQUE
SON OF ABDUL REZZAQ

8: ISMILE HUSSAIN
SON OF MAJIBUR RAHMAN

9: KUDDUCH ALI
SON OF LT. ACHAK ALI

10: JIARUL HAQUE
SON OF SUN MIYA

11: ABDUL MALEK
S/O LATE HAJARAT ALI

12: TEJAB ALI
SON OF HEKAMAT ALI

13: MAINUL HAQUE
SON OF NUR MAHAMMAD

14: ABDUL MOTALEB
SON OF SAJAN ALI

15: ABDUL SAHID
SON OF ISUB ALI

16: AIJUL HOQUE
SON OF LT. HASMAT ALI

17: SOFIKUL ISLAM
SON OF HASEN ALI
Page No. 3/8

18: NASER ALI
SON OF MUNTAJ ALI

19: MOTIBUR ALI
SON OF BABULAL ISLAM

20: NAJIM UDDIN
SON OF HACHEN ALI
785601

21: ROSIDUL ISLAM
SON OF SAHARUDDUN ALI

22: JAHAR UDDIN
SON OF HACHEN ALI

23: HAIDAR ALI
SON OF LT. HUSSAIN ALI

24: JAYANAL UDDIN
SON OF INUCH ALI

25: JALAL UDDIN
SON OF HAIDAR ALI

26: ALOM SHA @SHAH ALOM
SON OF JOYNAL ABEDIN

27: CHAHJAHAN ALI @ SHAHJAHAN ALI
SON OF MANIRUDDIN AHAMMAD

28: ABUBAKKAR SIDDIK
SON OF SAJAN ALI

29: JAYANAL ABEDIN
SON OF HAIDAR ALI

30: ASMINA BEGUM
WIFE OF ABDUL QAYYUM

31: AJGAR ALI
SON OF INNOS ALI

32: JOINAL ABEDIN
SON OF INNOS ALI

33: JAHUR ALI
Page No. 4/8

SON OF HAJARAT ALI

34: SURHAB ALI
SON OF ISMAIL HUSSAIN

35: NUR ISLAM
SON OF LATE IMAN ALI

36: SOHIDUL ISLAM @ SOHIDIL
SON OF KODDUS ALI

37: SIRAJUL ISLAM
SON OF LATE CHAMED ALI

38: AINUL HAQUE
SON OF MOMTAJ ALI

39: JAKIR HUSSAIN
SON OF JAMAL UDDIN

40: FAKAR UDDIN AHMED
SON OF MOJIBUR RAHMAN C

41: CHAFIKUL ISLAM
SON OF HACHEN ALI

42: ABDUL HUSSAIN
SON OF TAYAB ALI

43: AZARUL ISLAM
SON OF ABDUL HUSSAIN

44: MATIBUR RAHMAN
SON OF ABDUL HEKIM

45: FAKAR UDDIN
SON OF TAYAB ALI

46: ABDUL BAREK
SON OF LT. HAJARAT ALI

47: FOIJUL HAQUE
SON OF LATE KASEM ALI

48: JALAL HAQUE
SON OF SAMSULHAQUE

49: ALAL UDDIN
Page No. 5/8

SON OF ABDUL SATTAR

50: FAKAR UDDIN
SON OF LATE NUR AHMED

51: JIARUL HAQUE
S/O LATE ABDUL HEKIM

52: HIBJUR RAHMAN
S/O SUN MIYA
PERMANENT RESIDENT OF NO. 3 RAJA PUKHURI
POST OFFICE DHUPGURI
POLICE STATION URIAMGHAT
CONSTITUENCY SARUPATHAR
DIST GOLAGHAT
ASSAM
PIN 785601
PRESENTLY RESIDING AT SAMAGURI
NAGAON

53: ARIFA KHATUN
W/O HIBJUR RAHMAN PERMANENT RESIDENT OF NO. 3 RAJA PUKHURI
POST OFFICE DHUPGURI
POLICE STATION URIAMGHAT
CONSTITUENCY SARUPATHAR
DIST GOLAGHAT
ASSAM
PIN 785601 PRESENTLY RESIDING AT SAMAGURI
NAGAON
PETITIONER NOS. 4 TO 51 ARE PERMANENT RESIDENTS OF NO. 3 RAJA
PUKHURI
POST OFFICE DHUPGURI
POLICE STATION URIAMGHAT
ASSEMBLY CONSTITUENCY SARUPATHAR
DISTRICT GOLAGHAT
ASSAM
PIN 785601
AND DUE TO EVICTION RELATED TEMPORARY DISPLACEMENT ARE
PRESENTLY RESIDING TEMPORARILY AT NEARBY VILLAGES
NAMELY NAOJAN NO. 2 KORIGAON AND NAOJANBILPATHAR
POST OFFICE NAOJAN
POLICE STATION SARUPATHAR
ASSEMBLY CONSTITUENCY SARUPATHAR
DISTRICT GOLAGHAT
ASSAM
PIN 78560

VERSUS
Page No. 6/8

THE UNION OF INDIA
THROUGH THE SECRETARY TO THE GOVT. OFINDIA MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI 110001

2:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY ITS CHIEF ELECTION COMMISSIONER
NIRVACHANSADAN
ASHOKA ROAD
NEW DELHI 110001

3:THE CHIEF ELECTORAL OFFICER
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI 781006

4:THE DISTRICT ELECTION OFFICER CUM DISTRICT COMMISSIONER
GOLAGHAT DISTRICT
ASSAM.
PIN 785621

5:THE ELECTORAL REGISTRATION OFFICER
SARUPATHAR ASSEMBLY CONSTITUENCY
DISTRICT OF GOLAGHAT
ASSAM
PIN 785621

6:THE BOOTH LEVEL OFFICER
169 PANJAN L.P. SCHOOL L
SRI HARENKICHAN

DISTRICT GOLAGHAT
LAC 107 SARUPATHAR
PIN 78560

Advocate for the Petitioner : I AMIN, MR M H AHMED

Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI
Page No. 7/8

BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 06.02.2026

Heard Mr. M.H. Ahmed, learned counsel for the petitioners; Mr. K. Gogoi, learned Central Government Counsel [CGC] for the respondent no. 1; Ms. S. Kataki, learned Standing Counsel, Election Commission of India [ECI] for the respondent nos. 2, 3, 5 & 6; and Mr. M. Chetia, learned Junior Government Advocate, Assam for the respondent no. 4.

2. The petitioners have approached this Court apprehending that their names not likely to

be included in the final Electoral Roll which is going to be published on 10 th of February, 2026. The petitioners have stated that their names have been included in the draft Electoral Rolls already published for Sarupathar LAC on 27.12.2025. The petitioners have come to know in the course of special revision, an objection has been filed in Form-7 by certain individual and having learnt about the same, they have already filed joint objections - cum - representation before the Electoral Registration Officer, Golaghat and the Electoral Registration Officer is yet to pass an order in the matter. The petitioners have further stated when they made efforts to see their names in the ECI Net Website, they could not get any knowledge about any process of deletion or inclusion of their names in the Electoral Rolls. On search, they found that the website is not giving any details.

3. Ms. Kataki, learned Standing Counsel, ECI has submitted that the process of inclusion or deletion of the names from the Electoral Roll is not only governed by the procedure laid down in the Notification dated 17.11.2025 [Annexure-4 to the writ petition] of the Election Commission of India but also by the provision of Section 22 and Section 23 of the Representation of the Peoples Act, 1950 ['the R.P. Act', for short]. It is submitted that any order of deletion of name of any of the persons whose names have appeared in the draft Electoral Roll, a prior opportunity of being heard is to be afforded by the Electoral Registration Officer and thereafter only, an order can be passed under Section 22 of the RP Act, 1950. An order passed either in Section 22 and Section 23 is appealable under Section 24[a] of the R.P.

Act and there is a further provision for preferring a second appeal under Section 24[b]. With such submissions, it is stated that as no order has yet been passed under Section 22 of the R.P. Act by the Electoral Registration Officer, the writ petition is evidence premature.

4. Issue notice, returnable on 09.03.2026.

5. As Mr. Gogoi has appeared and accepted notice on behalf of the respondent no. 1; Ms. Kataki has appeared and accepted notices on behalf of the respondent nos. 2, 3, 5 & 6; and Mr. Chetia has appeared and accepted notice on behalf of the respondent no. 4, issuance of formal notice in respect of the respondents stand dispensed with. The learned counsel for the petitioner shall serve requisite nos. of extra copies of the writ petition along with annexures, to Mr. Gogoi, Ms. Kataki and Mr. Chetia within 3 [three] working days from today.

6. It is observed that if in the meantime, any order is passed by the Electoral Registration Officer under Section 22 of the R.P. Act, pending of the writ petition would not be a bar for the petitioners to seek the statutory remedy of appeal.

JUDGE

Comparing Assistant