Petitioner sought certified electoral roll copies for Foreigners Tribunal case. Respondent declined instructions. Court disposed petition directing District Election Officer and Deputy Commissioner to furnish copies.
Directed Respondent Nos.2 and 3 to furnish certified copies of electoral rolls to the petitioner.
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GAHC010153462022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5066/2022
AZIZUL HOQUE
S/O LT. JASIMUDDIN @ JASOMUDDIN SEIKH, VILL-KHATONIAPARA, P.O. AND P.S.-DHULA, DIST-DARRANG, ASSAM, PIN-784146
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, POLITICAL DEPARTMENT, ASSAM SACHIVALAYA, DISPUR, GUWAHATI, ASSAM, PIN781006
2:THE DEPUTY COMMISSIONER DARRANG DISTRICT ASSAM PIN-784148
3:THE DISTRICT ELECTION OFFICER DARRANG DISTRICT AT MANGALDAI ASSAM PIN-78414
Advocate for the Petitioner : MR. S CHAUHAN
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
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02.09.2022
Heard Mr. S. Chauhan, learned counsel for the petitioner.
The petitioner is aggrieved by non-consideration of his application submitted before the respondents with a request to furnish him the certified copy of the relevant portion of the electoral roll. The learned counsel for the petitioner submits that the certified copy of the electoral roll for the voter lists of 1997, 2005, 2017 and 2019 are required so as to enable the petitioner to produce the same before the Foreigners Tribunal so as to establish his claim of citizenship.
The learned Government Advocate was asked to obtain instruction in the matter but when this writ petition was called up, Ms. Barman, learned Govt. Advocate, Assam appearing for the respondent Nos.1, 2 and 3 submits that she is yet to receive any instruction.
Mr. Chauhan, on the other hand, submits that the proceeding before the Foreigners Tribunal is fixed on 08.09.2022 and therefore, there is urgency in the matter.
Since the only prayer of the petitioner is to furnish him with the certified copies of the electoral rolls as noted above and since the learned Govt. Advocate has not been able to obtain instruction in the matter despite the order dated 06.08.2022 passed by this Court, I am of the view that no practical purpose would be served by keeping this matter pending before this Court.
As such, this writ petition is hereby disposed of by directing the respondent Nos.2 and 3 to do the needful so as to furnish the certified copies of the electoral rolls to the petitioner as sought by him.
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With the above observation, this writ petition stands closed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the State authorities are bound to furnish certified copies of electoral rolls to the petitioner.
Whether urgency exists due to impending hearing in the Foreigners Tribunal.
1 provisions across 1 enactments
Azizul Hoque
State of Assam
Deputy Commissioner Darrang
District Election Officer Darrang
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
