[Cites 7, Cited by 0]
Gauhati High Court
Page No.# 1/14 vs The Election Commission Of India And 4 ... on 31 March, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/14
GAHC010058172026
2026:GAU-AS:4829
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1720/2026
MOIN UDDIN AND 58 ORS
S/O- LATE ERAB ALI
2: MAYARUN BIBI
W/O- MOIN UDDIN
3: FAKRUL ISLAM
S/O- MOIN UDDIN
4: FATIMA BEGUM
W/O- FAKRUL ISLAM
5: SAFATUN NECHA
W/O- LATE MOSTAN ALI
6: ROTIA BEGAM
D/O- MOSTAN ALI
7: SAIRUL HOQUE
S/O- MOSTAN ALI
8: MOYGUN BIBI
W/O- LATE MASUK ALI
9: HANNAN UDDIN
S/O- MASUK ALI
10: JAMAL UDDIN
S/O- LATE MASUK ALI
11: CHABIRUN BEGAM
D/O- LATE MASUK ALI
12: RUMANA BEGOM
Page No.# 2/14
W/O- JAMAL UDDIN
13: REHENA GEGOM
W/O- HANNAN UDDIN
14: MAYARUN NECHA
W/O- KALAM UDDIN
15: KALAM UDDIN
S/O- INTAJ ALI
16: ARIF UDDIN
S/O- KALAM UDDIN
17: AYAJ ALI
S/O- SAYOB ALI
18: REHEMA BIBI
W/O- AYAJ ALI
19: REHAN UDDIN
S/O- AYAJ ALI
20: RASIDA BEGAM
W/O- REHAN UDDIN
21: ABDUL MANNAN
S/O- AYAJ ALI
22: JAYNAL UDDIN
S/O- AYAJ ALI
23: SAHARA BEGAM
W/O- ABDUL MANNAN
24: AMIR UDDIN
S/O- AYAJ ALI
25: WAHIDA BEGAM
W/O- JAYNAL UDDIN
26: FARKANA BEGAM
W/O- AMIR UDDIN
27: FAYAJ ALI
S/O- SAYAB ALI
28: AYTUN BIBI
Page No.# 3/14
W/O- FAYAJ ALI
29: FATIMA BEGAM
D/O- FOYAJ ALI
30: SAYNUL HOQUE
S/O- FOYAJ ALI
31: KAYRUL HOQUE
S/O- FOYAJ ALI
32: ASAID ALI
S/O- JABED ALI
33: HAJIRA BIBI
W/O- ASAID ALI
34: AFAIN UDDIN
S/O- ASAID UDDIN
35: REJWANA BIBI
D/O- ASAID ALI
36: SARIF UDDIN
S/O- ASAID ALI
37: FOYAJ AHMED
S/O- ASAID ALI
38: ISAID ALI
S/O- LATE JABED ALI
39: ANOWARA BIBI
W/O- ISAID ALI
40: WAHIDUR ROHMAN
S/O- ISAID ALI
41: AHADUR ROHMAN
S/O- ISAID ALI
42: MONUHOR ALI
S/O- SORFOI ALI
43: DILWARA BEGAM
W/O- MONUHOR ALI
44: MANIR ALI
Page No.# 4/14
S/O- LATE SARFAI ALI
45: SAYARUN NECHA
W/O- MANIR ALI
46: MANOYARA BEGAM
D/O- MANIR ALI
47: KHALIDA BEGAM
W/O- ABBAS ALI
48: ABBAS ALI
S/O- MANIR ALI
49: ABU BAKKOR
S/O- MANIR ALI
50: ALMAS UDDIN
S/O- MANIR ALI
51: FOYAJUN NECHA
W/O- ABU BOKKOR
52: SARIMUL HOQUE
S/O- MANIR ALI
53: ALEKJAN BIBI
W/O- LATE HABOI BIBI
54: FARIDA BEGAM
W/O- HANNAN ALI
55: HANNAN ALI
S/O- LATE HABOI BIBI
56: SUKKOR ALI
S/O- HOBOI MIYA
57: ASHA BEGUM
W/O- SUKKUR ALI
58: SUFIAN UDDIN
S/O- LATE TAHIR ALI
59: DILARA BEGOM
W/O- SUFIAN UDDIN
ALL ARE THE RESIDENT OF VILL- KANAKPUR
P.O.- MANIKBOND
Page No.# 5/14
DIST. SRIBHUMI
ASSAM
PIN- 78872
VERSUS
THE ELECTION COMMISSION OF INDIA AND 4 ORS
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER,, NIRVACHAN
SADAN, ASHOKA ROAD, NEW DELHI- 110001
2:THE CHIEF ELECTORAL OFFICER
ASSAM
DISPUR
GUWAHATI- 781006
3:THE DISTRICT ELECTION OFFICER-CUM- DISTRICT COMMISSIONER
SRIBHUMI DISTRICT
ASSAM
4:THE ELECTORAL REGISTRATION OFFICER
125 PATARKANDI LEGISLATIVE ASSEMBLY CONSTITUENCY
DISTRICT- SRIBHUMI
ASSAM
5:THE BOOTH LEVEL OFFICER
POLLING STATION NO. 202
125 PATARKANDI LEGISLATIVE ASSEMBLY CONSTITUENCY
DISTRICT- SRIBHUMI
ASSA
Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,MS D DUTTA
Advocate for the Respondent : SC, ECI, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
JUDGMENT & ORDER
Date : 31.03.2026
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. G. Bokalial, learned Junior Government Advocate for the respondent no. 3.
Page No.# 6/14
2. The petitioners, fifty-nine 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 - Kanakpur, Post Office
- Manikbond, 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 in 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 appearing 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. 202 under 125 No. Patherkandi LAC. He has
submitted that the names of the petitioners were enlisted in the final Electoral Roll published
on 10.02.2026 in respect of Polling Station no. 202. 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 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 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.
Page No.# 7/14
6. When the writ petition was moved on 25.03.2026, 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 as per the records maintained by the
jurisdictional Electoral Registration Officer, the petitioners' names have been deleted from the
Electoral Roll on the ground that they have permanently shifted from the areas which fall
under 125 Patherkandi LAC.
7. The petitioners have canvassed that the petitioners are still continuing to reside in the
addresses, as recorded in the EPICs and mentioned above, that is, within the territorial limits
of 125 Patherkandi LAC and the respondent authorities have acted illegally and arbitrarily to
delete the names of the petitioners from the Electoral Roll.
8. Ms. Kataki, learned Standing Counsel, ECI has submitted that ordinarily, prior to
deletion of name of a person from electoral roll, such a person is to be given a prior
opportunity of being heard and any deletion of name can only be made after proper
verification of facts. She has submitted that the petitioners have alleged that no prior and
reasonable opportunity of being heard was given to them prior to deletion of their names
from the electoral rolls. Assuming such contention of the petitioners is correct, then the
petitioners have statutory remedies of filing applications under Section 23 of the
Representation of the People Act, 1950 ['the R.P. Act', for short] at first, and thereafter,
appeals under Section 24 of the R.P. Act. Instead of availing such statutory remedies, the
petitioners have directly approached this Court by way of the present writ petition. Ms. Kataki
has contended that since the matter of eligibility of the petitioners to be enrolled or included
as voters in the electoral roll would also require determination of certain factual issues, the
present writ petition is not maintainable.
9. As per sub-section [3] of Section 21 of the Representation of the People Act, 1950
['the R.P. Act', for short], which is with a non-obstante clause, the ECI may at any time, for
reasons to be recorded, direct a Special Revision of the electoral roll for any constituency or
part of a constituency in such manner as it may think fit. By a Notification dated 17.11.2025,
Page No.# 8/14
the ECI had directed a Special Revision in exercise of the powers under Section 21 of the R.P.
Act with reference to 01.01.2026 as the qualifying date in the State of Assam. After carrying
the Special Revision, the electoral roll has been published on 10.02.2026.
10. As the provisions of Section 22, Section 23 and Section 24 of the R.P. Act are of
relevance, they are reproduced herein for ready reference :-
22. Correction of entries in electoral rolls. --
If the electoral registration officer for a constituency, on application made to
him or on his own motion, is satisfied after such inquiry as he thinks fit, that
any entry in the electoral roll of the constituency -
[a] is erroneous or defective in any particular,
[b] should be transposed to another place in the roll on the ground that
the person concerned has changed his place of ordinary residence within
the constituency, or
[c] should be deleted on the ground that the person concerned is dead or
has ceased to be ordinarily resident in the constituency or is otherwise not
entitled to be registered in that roll,
the electoral registration officer shall, subject to such general or special
directions, if any, as may be given by the Election Commission in this behalf,
amend, transpose or delete the entry after proper verification of facts in
such manner as may be prescribed :
Provided that before taking any action on any ground under clause [a] or
clause [b] or any action under clause [c] on the ground that the person
concerned has ceased to be ordinarily resident in the constituency or that he
Page No.# 9/14
is otherwise not entitled to be registered in the electoral roll of that
constituency, the electoral registration officer shall give the person
concerned a reasonable opportunity of being heard in respect of the action
proposed to be taken in relation to him after proper verification of facts in
such manner as may be prescribed.
23. Inclusion of names in electoral rolls. --
[1] Any person whose name is not included in the electoral roll of a
constituency may apply to the electoral registration officer for the
inclusion of his name in that roll.
[2] The electoral registration officer shall, if satisfied that the
applicant is entitled to be registered in the electoral roll, direct his
name to be included therein after proper verification of facts in such
manner as may be prescribed :
Provided that if the applicant is registered in the electoral roll of any
other constituency, the electoral registration officer shall inform the electoral
registration officer of that other constituency and that officer shall, on receipt
of the information, strike off the applicant's name from that roll.
[3] No amendment, transposition or deletion of any entry shall be made
under Section 22 and no direction for the inclusion of a name in the
electoral roll of a constituency shall be given under this section, after
the last date for making nominations for an election in that
constituency or in the parliamentary constituency within which that
constituency is comprised and before the completion of that election.
[4] The electoral registration office may for the purpose of establishing the
identity of any person require that such person may furnish the Aadhaar
number given by the Unique Identification Authority of India as per the
provisions of the Aadhaar [Targeted Delivery of Financial and Other
Page No.# 10/14
Subsidies, Benefits and Services] Act, 2016 [18 of 2016] :
Provided that the electoral registration officer may also require the
Aadhaar number from persons already included in the electoral roll for the
purpose of authentication of entries in electoral roll and to identify
registration of name of the same person in the electoral roll of more than
one constituency or more than once in the same constituency.
[5] Every person whose name is included in the electoral roll may intimate
his Aadhaar number to such authority in such form and manner as may be
prescribed, on or before a date to be notified by the Central government in
the Official Gazette.
[6] No application for inclusion of name in the electoral roll shall be denied
and no entries in the electoral roll shall be deleted for inability of an
individual to furnish or intimate Aadhaar number due to such sufficient cause
as may be prescribed :
Provided that such individual may be allowed to furnish such other
alternate documents as may be prescribed.
24. Appeals.--
An appeal shall lie within such time and in such manner as may be
prescribed --
[a] to the district magistrate or additional district magistrate or executive
magistrate or district collector or an office of equivalent rank, from any order
of the electoral Registration Officer under Section 22 or Section 23.
[b] to the chief electoral officer, from any order of the district magistrate or
the additional district magistrate under clause [a].
11. As per the provisions contained in Section 22, if any deletion of a person's name from
Page No.# 11/14
the electoral roll is to be made on the grounds mentioned in clause [a], clause [b] and clause
[c] by the jurisdictional Electoral Registration Officer, then such deletion can be made only
after giving the person concerned a reasonable opportunity of being heard in respect of the
action proposed [that is, deletion] to be taken in relation to him, that too, after proper
verification of facts in such manner as may be prescribed. As per Section 2[h] of the R.P. Act,
'prescribed' means prescribed by rules made under the R.P. Act.
12. As per the provisions of Section 23, any person whose name is not included in the
electoral roll of a constituency may apply to the Electoral Registration Officer for the inclusion
of his name in that roll. The Electoral Registration Officer shall, if satisfied that the applicant
is entitled to be registered in the electoral roll, direct his name to be included therein after
proper verification of facts in such manner as may be. No direction for the inclusion of a
name in the electoral roll of a constituency shall be given under Section 23, after the last date
for making nominations for an election in that constituency or in the parliamentary
constituency within which that constituency is comprised and before the completion of that
election.
13. It is within the right of the petitioners to make an application under Section 23 for
inclusion of their names in the electoral roll before the jurisdictional Electoral Registration
Officer as, according to the petitioners, their names were unjustifiably deleted from the
electoral roll without following the procedure prescribed in Section 22.
14. The Registration of Electors Rules, 1960 ['the Registration Rules', for short] are framed
under the R.P. Act, 1950. Rule 26 of the Registration Rules has provided for correction of
entries and inclusion of names in electoral rolls. Sub-rule [1] of Rule 26 has prescribed for the
forms for an application under sub-section [1] of Section 23. As per sub-rule [3] of Rule 26,
the Registration Officer shall, immediately on receipt of such application, direct that one copy
thereof be pasted in some conspicuous place in his office together with a notice inviting
objections within a period of seven days from the date of such posting. A mandate is
contained in sub-rule [4] of Rule 26 to the effect that the Registration Officer shall, as soon
as may be after the expiry of the period specified in sub-rule [3], consider the application and
Page No.# 12/14
objections thereto, if any, received by him and shall, if satisfied, direct the inclusion, deletion,
correction or transposition of entries in the roll, as may be necessary. A mandate is also
embodied to the effect that when an application is rejected by the Registration Officer, he
shall record in writing a brief statement of his reasons for such rejection.
15. Section 24 of the R.P. Act, 1950 has provided for appeals against any order passed by
the jurisdictional Electoral Registration Officer under Section 23 of the R.P. Act, 1950. A first
appeal would lie to the District Magistrate or Additional District Magistrate or Executive
Magistrate or the District Collector or an office of equivalent rank from and order of the
Electoral Registration Officer under Section 23. A second appeal would lie to the Chief
Electoral Officer from any order of the District Magistrate or the Additional District Magistrate.
16. From the afore-stated statutory provisions, it is evident that if the petitioners are
aggrieved by the deletion of their names from the electoral roll of 125 Patherkandi LAC, the
petitioners have the statutory remedy of filing an application under Section 23[1] of the R.P.
Act, 1950 at first. The jurisdictional Electoral Registration Officer is obligated to pass an order
on such application within the prescribed time limit either allowing the application for
inclusion or rejecting the application. If any application is to be rejected, then the Electoral
Registration Officer shall have to record in writing a brief statement of his reasons for such
rejection. If in the event application[s] of the petitioner[s] is/are rejected, then the
petitioner[s] has/have the statutory remedy of filing two appeals, one after the other, under
Section 24 of the R.P. Act.
17. Mr. Laskar, learned counsel for the petitioners has submitted that the petitioners have
all the supporting documents to support their claim that their names have been arbitrarily
deleted from the electoral rolls published for 125 Patherkandi LAC and the petitioners are in a
position to file such an application under Section 23[1] of the R.P. Act, 1950 within the
shortest possible time.
18. It has been brought to the notice of the Court that by a Notification dated 16.03.2026
published in the Assam Gazette on 16.03.2026, the ECI has appointed the dates of election to
Page No.# 13/14
the Legislative Assembly Constituencies of Assam. As per the Notification, the last date of
making nominations was 23.03.2026 and the date by which the election is to be completed is
06.05.2026. Therefore, any application filed under Section 23[1] of the R.P. Act is possible to
be considered after 06.05.2026.
19. In view of presence of such statutory, adequate and efficacious remedy and
considering that determination of certain factual aspects would fall for consideration in the
process, the writ petition is disposed of with the following observations and directions :-
[i] The petitioner[s] will file application[s] under Section 23[1]
R.P. Act before the jurisdictional Electoral Registration Officer along
with the documents in support of their claim for inclusion of the
name[s] in the electoral roll published for 125 Patherkandi LAC
preferably within a period of fifteen days from 06.05.2026;
[ii] If such application[s] are filed, the jurisdictional Electoral
Registration Officer shall consider such application[s] in terms of
the mandate contained in Section 23, R.P. Act read with Rule 26 of
the Registration Rules so that the application[s] is/are decided by
abiding to the statutory timeline;
[iii] In the event the Electoral Registration Officer finds that any of
the petitioner[s] name[s] deserve[s] to be included in the electoral
roll, the necessary order[s] is/are to be passed accordingly;
[iv] If in the event the Electoral Registration Officer rejects any
application, then the same shall be with a brief statement of
reasons and the order is to be communicated to the concerned
petitioner forthwith thereafter; and
[v] If after the decision of the jurisdictional Electoral Registration
Officer any of the petitioners finds himself aggrieved in any manner,
such petitioner would be at liberty to avail the statutory remedy
under Section 24 of the R.P. Act.
Page No.# 14/14
Simanta
JUDGE
DN: c=IN, o=Personal, postalCode=783384,
l=Bongaigaon, st=Assam, street=TownAbhayapuri,
Ward No4 Tengnamari , Bongaigaon, Bongaigaon
Assam India 783384, title=8727,
2.5.4.20=caa9a1c0be943e0740ca5dfbbfb8695db6814b
Das
46202926df0aea3036caed4e3c,
serialNumber=d950a33227bd4a5ce185958e9d34bdfd
7c09a2ca0a1f463628d94fa581ffcb03,
[email protected], cn=Simanta Das
Date: 2026.04.02 11:33:25 +05'30'
Comparing Assistant
