Disposed

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

Gauhati HC18 Feb 2024WP(C)/796/2024

Case brief

AI extract

What is this about?

Petitioners challenged the shifting of their polling centre to a location 4 kms away. The court held no enforceable right was violated but directed the Election Officer to decide on the petitioners' representation within one month.

What did the court decide?

Directed the Election Officer, Karimganj to decide on the petitioners' representation dated 26.12.2023 and dispose of the same within one month.

Abdul Matlib and 4 Ors. Vs the Election Commission… — Writ and Judicial Review | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010025402024

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

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Case No. : WP(C)/796/2024

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ABDUL MATLIB AND 4 ORS

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S/O- LT. RASTUM ALI, RESIDENT OF VILLAGE PATHAKHAURI, WARD NO 5, P.O. CHERAGI, P.S. RATABARI, DIST.- KARIMGANJ, ASSAM, PIN- 788737

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2: ABDUL KARIM S/O- LT. TARMUJ ALI RESIDENT OF VILLAGE PATHAKHAURI WARD NO 5 P.O. CHERAGI P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788737 3: MABAT ALI S/O- LT. AHMAD ALI RESIDENT OF VILLAGE PATHAKHAURI WARD NO 5 P.O. CHERAGI P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788737

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4: JONAB ALI S/O- LT. FARJAN ALI RESIDENT OF VILLAGE PATHAKHAURI WARD NO 5 P.O. CHERAGI P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788737

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Page No.# 2/4

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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

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THE ELECTION COMMISSION OF INDIA AND 4 ORS REPRESENTED BY ITS SECRETARY, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI- 110001

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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

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Advocate for the Petitioner : MR. A R TALUKDAR

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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19.02.2024

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Heard 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.

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The 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.

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Mr. 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.

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

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On considering the submissions made by the counsels for the parties, this

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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.

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This writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

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

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

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