Abdul Matlib and 4 Ors v. The Election Commission of India and 4 Ors

ORDER

19.02.2024

¶1Heard Mr. A.R. Talukdar, learned counsel for the petitioners, who submits that the petitioners, who are voters and residents of village Pathakhauri, Ward No.5 of 126 No. Pathakhauri Gaon Panchayat in Karimganj District, are aggrieved with the Polling Center being shifted to 1199 No. Teracherra L.P. School (Room No.2), which is 4 kms. away from their village.

¶2The petitioners' counsel submits that the petitioners' Representation dated

26.12.2023 has been submitted to the Election Officer, Karimganj to keep the Polling Center unchanged. However, no decision is being taken by the Election Officer, Karimganj till date. He accordingly submits that the writ petition should be disposed of, with a direction to the Election Officer, Karimganj, to take a decision on the petitioners' Representation dated 26.12.2023.

¶3Mr. A.I. Ali, learned counsel appearing for the respondent Nos. 1 and 4 and Mr. R. Dubey, learned counsel for the respondent No.2 as well as Mr. G. Bokaliyal, learned counsel for the respondent Nos. 3 and 5 submit that the petitioners have no legally enforceable right, as no right of theirs has been violated.

¶4Mr. R. Dubey, learned counsel for the respondent No. 2 submits that the respondent No.2 is not a necessary party in this case.

¶5On considering the submissions made by the counsels for the parties, this Page No.# 4/4 Court is of the view that no enforceable right of the petitioner has been violated by the respondents. However, as the petitioner's Representation dated

26.12.2023 has not been decided by the Election Officer, Karimganj, the Election Officer is directed to take a decision on the petitioners' representation and dispose of the same at the earliest and preferably within a period of 1(one) month from the date of receipt of a certified copy of this order.

¶6This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010025402024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/796/2024o ABDULoMATLIBoANDo4oORSo S/O-oLT.oRASTUMoALI,oRESIDENToOFoVILLAGEoPATHAKHAURI,oWARDoNOo5, P.O.oCHERAGI,oP.S.oRATABARI,oDIST.-oKARIMGANJ,oASSAM,oPIN-o788737 2:oABDULoKARIM oS/O-oLT.oTARMUJoALI oRESIDENToOFoVILLAGEoPATHAKHAURI oWARDoNOo5 oP.O.oCHERAGI oP.S.oRATABARI oDIST.-oKARIMGANJ oASSAM oPIN-o788737 3:oMABAToALI oS/O-oLT.oAHMADoALI oRESIDENToOFoVILLAGEoPATHAKHAURI oWARDoNOo5 oP.O.oCHERAGI oP.S.oRATABARI oDIST.-oKARIMGANJ oASSAM oPIN-o788737 4:oJONABoALI oS/O-oLT.oFARJANoALI oRESIDENToOFoVILLAGEoPATHAKHAURI oWARDoNOo5 oP.O.oCHERAGI oP.S.oRATABARI oDIST.-oKARIMGANJ oASSAM oPIN-o788737 Page No.# 2/4 5: FAIZUR RAHMAN S/O- LT. MAKLIS ALI RESIDENT OF VILLAGE PATHAKHAURI WARD NO 5 P.O. CHERAGI P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 78873 VERSUS THE ELECTION COMMISSION OF INDIA AND 4 ORS REPRESENTED BY ITS SECRETARY, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI- 110001 2:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY JANATA BHAWAN DISPUR GUWAHATI-6 ASSAM 3:THE DISTRICT COMMISSIONER KARIMGANJ PO AND DIST.- KARIMGANJ ASSAM PIN- 788710 4:THE ELECTION OFFICER KARIMGANJ PO AND DIST.- KARIMGANJ ASSAM PIN- 788710 5:THE CIRCLE OFFICER RK NAGAR P.O. RAMKRISHNA NAGAR DIST. KAIMGANJ ASSAM PIN- 78816 Advocate for the Petitioner : MR. A R TALUKDAR Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA