Gauhati High Court
Abdul Basit And 3 Ors vs The Union Of India And 8 Ors on 22 September, 2020
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/4
GAHC010080732020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2847/2020
1:ABDUL BASIT AND 3 ORS
S/O LT. ABDUL AZIZ, TEMPORARILY RESIDING AT VILL- DAWGAON NO. 3,
P.O. AND P.S. BOKAGHAT, DIST. GOLAGHAT, ASSAM
2: ANOWAR BEGUM
W/O ABDUL BASIT
D/O LT. MOFCHIL ALI
TEMPORARILY RESIDING AT VILL- DAWGAON NO. 3
P.O. AND P.S. BOKAGHAT
DIST. GOLAGHAT
ASSAM
3: ABDUL HACHIB
S/O ABDUL BASIT
R/O VILL. MAHAKAL
P.O. MAHAKAL
P.S. BADARPUR
DIST. KARIMGANJ
ASSAM
4: ABDUL SAMAD
S/O ABDUL BASIT
R/O VILL. MAHAKAL
P.O. MAHAKAL
PS.BADARPUR
DIST. KARIMGANJ
ASSA
VERSUS
1:THE UNION OF INDIA AND 8 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1
Page No.# 2/4
2:THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER
NEW DELHI-110001
4:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
HOME DEPTT. DISPUR
GUWAHATI-6
5:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWHATI-5
PIN-781001
6:THE SUPERINTENDENT OF POLICE (BORDER)
DIST. GOLAGHAT
PIN-785621
7:THE DEPUTY COMMISSIONER
DIST. GOLAGHAT
PIN-785621
8:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS
BHANGAGARH
GUWAHATI
ASSAM
PIN-781005
9:THE ELECTORAL REGISTRATION OFFICER
93
BOKAKHAT L.A.C.
DIST. GOLAGHAT
ASSAM
PIN-785621
10:THE OFFICER IN CHARGE
BOKAKHAT P.S. DIST. GOLAGHAT
ASSAM
PIN-78561
Advocate for the Petitioner : MR. I A TALUKDAR
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 22.09.2020 Heard Mr. I.A. Talukdar, learned counsel for the petitioners. Also heard Mr. A.I. Ali, learned counsel for respondent no.3 and Ms. G. Hazarika, learned counsel for respondents no.1 and 8.
By this writ petition filed under Article 226 of the Constitution of India, the case projected by the petitioners is that the names of the petitioners no.3 and 4 were recorded in the voters list of 2017-18 in respect of Bokakhat Assembly Constituency. It is projected that petitioner no.2 was born and brought up in Bokakhat and after her marriage with petitioner no.1, she has been residing with the petitioner no.1 at her matrimonial house at village- Mahaka, under Badarpur LAC, within the district of Karimganj. It is projected that the authorities had put "D" mark in the voters list of the petitioner no.1 to 4 for the year 2017, which came to the notice of the petitioners in the year 2019. It is submitted that the names of petitioners no.1 and 2 had appeared in the voters list of 2019 in the native village. Accordingly, a representation was submitted to the respondent no.9, i.e. the Electoral Registration Officer, 93 Bokakhat LAC on 09.03.2019 with a request to withdraw the tag of "D Voter" from the voter list as they are genuine citizen of India, but as no action was taken, the petitioners have approached this Court.
Issue notice along with notice on the prayer for interim relief returnable on 19.10.2020.
No postal steps is required to be taken. However, additional copies of the writ petition may be furnished to the respective learned standing counsel for the respondents by tomorrow.
Page No.# 4/4 List on 19.10.2020, the prayer for interim relief shall also be taken up.
Let a copy of this order be provided to the learned respective learned standing counsel for the respondents.
JUDGE Comparing Assistant