Disposed¶32

Chanu Ali and Anr. v. the Union of India and 6 Ors.

Gauhati HC6 May 2026WP(C)/2011/2023

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/2011/2023; Kardak Ete, J.; certified copy of Voter list 1970; Late Gaphur Ali; name struck off; Election Commission of India; Election Officer Bajali Pathsala; Barpeta; WP(C) 3998/2021 withdrawn; direction to issue certified copy within two weeks; writ petition disposed; citizenship/bona fide citizens; no further adjudication required.

What did the court decide?

Direction to the respondent authorities to provide a certified copy of the Voter list of 1970 to the petitioners within 2 (two) weeks; the petitioners to approach respondent no.6, the Election Officer, Bajali at Pathsala, Assam. ¶32

Chanu Ali and Anr. Vs the Union of India and 6 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, son and grandson of Late Gaphur Ali whose name was enrolled in the Voter list of 1970, are entitled to a direction requiring the respondent authorities to issue a certified copy of that Voter list to petitioner no.2, whose application was allegedly denied.

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Court's answer

Since the grievance was confined to obtaining a certified copy of the Voter list of 1970, the Election Commission confirmed on instructions that the name of Late Gaphur Ali is entered in that list and was ready to provide the certified copy, no further adjudication was required in the present proceedings.

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Ratio / Principle

The writ petition was disposed of with a direction to the respondent authorities to provide a certified copy of the Voter list of 1970 to the petitioners within 2 (two) weeks, the petitioners to approach respondent no.6, the Election Officer, Bajali at Pathsala, Assam.

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Detailed headnote1 paragraphs

Gauhati High Court (Kardak Ete, J.), WP(C)/2011/2023, decided 07-05-2026 — Certified copy of Voter list — Petitioners, son and grandson of Late Gaphur Ali, sought a certified copy of the Voter list of 1970 enrolling his name. An earlier copy issued to petitioner no.1 had the name wrongly struck off by respondent no.7, prompting WP(C) 3998/2021, which was withdrawn after a corrected copy was furnished; petitioner no.2's fresh application was allegedly denied without reason. The Election Commission's standing counsel stated on instructions that Late Gaphur Ali's name appears in the 1970 Voter list and the Commission was ready to supply the certified copy. Holding that no further adjudication was required, the Court disposed of the writ petition, directing the respondent authorities to provide the certified copy within two weeks, the petitioners to approach the Election Officer, Bajali at Pathsala (respondent no.6).

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GAHC010074302023

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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)/2011/2023

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CHANU ALI AND ANR

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S/O- LATE GAPHUR ALI, R/O- VILL- BARBARI, P.O. SARUPETA, MOUZAHASTINAPUR, P.S. PATACHARKUCHI, DIST.- BARPETA, ASSAM, PIN- 781318

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2: MANOWAR ALI S/O- MAKBIL ALI R/O- VILL- BARBARI P.O. SARUPETA MOUZA- HASTINAPUR P.S. PATACHARKUCHI DIST.- BARPETA ASSAM PIN- 78131

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VERSUS

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THE UNION OF INDIA AND 6 ORS NOTICE THROUGH THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1

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2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001

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3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6

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4:THE CHIEF ELECTORAL OFFICER ASSAM ELECTION DEPTT.

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4TH BLOCK ASSAM SECRETARIAT DISPUR GHY-6

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5:THE DEPUTY COMMISSIONER BARPETA AT BARPETA

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6:THE ELECTION OFFICER BAJALI AT PATHSALA

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7:HEMASHRI KHANIKAR ELECTION OFFICER BAJALI AT PATHSALA P.O. PATHSALA DIST.- BARPETA ASSAM PIN- 78132

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Advocate for the Petitioner : MR. U K DAS, MS. B D SARMAH

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Advocate for the Respondent : DY.S.G.I., MR S AFRIDI(R7),MR D GOSWAMI(R7),SC, ELECTION COMMISSION.,GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 07-05-2026

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Heard Mr. U.K. Das, learned counsel for the petitioner as well as Mr. A.I. Ali, learned standing counsel for Election Commission of India appearing for the respondent nos. 2, 4 and 6, Ms. U. Das, learned counsel for the respondent nos. 3 and 5 and Mr. S. Afridi, learned counsel for the respondent no. 7.

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The simple grievance of the petitioners is for providing of certified copy of Voter list of 1970 wherein the name of one Gaphur Ali, son of Dhaniya, father and grandfather of the petitioners, was enrolled.

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The petitioners are son and grandson of Late Gaphur Ali. Earlier, the petitioner no.1

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applied for a certified copy of the Voter list of 1970 which was issued to him. However, the name of the father of the petitioner no.1 was wrongly struck off by the respondent no. 7. Against such action of the respondent no.7, a writ petition being WP(C) 3998/2021 was filed before this Court. During the pendency of writ petition, a corrected certified copy of the Voter list of 1970 as sought for by the petitioner no.1 was provided. Accordingly, writ petition was withdrawn.

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Thereafter when the petitioner no. 2, the grandson of Late Gaphur Ali, applied for another certified copy of the Voter list of 1970, the respondent authorities have allegedly denied the same without any reason. Hence, this petition has been filed seeking a direction to issue a certified copy to the respondent no.2 as the petitioners are the bonafide citizen of India.

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Mr. A.I. Ali, learned standing counsel for the Election Commission of India, upon instructions, submits that the petitioner no.1 has already been furnished a certified copy of the Voter list of 1970. As per the records the name of Late Gaphur Ali is entered in the Voter list of 1970 and the Election Commission is ready to provide the certified copy to the petitioners. Therefore, he submits that the respondents may be granted 2(two) weeks time to provide the certified copy of the Voter list of 1970 to the petitioners.

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Having considered the simple nature of grievance for providing of certified copy of the Voter list of 1970 wherein the name of Late Gaphur Ali is recorded and considering that the respondent authorities are ready to provide the said certified copy to the petitioners, I am of the considered view that no further adjudication is required to be made in this present proceedings.

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This writ petition is, accordingly, disposed of with a direction to the respondent authorities to provide a certified copy of the Voter list of 1970 to the petitioners within a period of 2(two) weeks from today. The petitioners shall approach the respondent no.6 i.e. the Election Officer, Bajali at Pathsala, Assam.

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Writ petition stands disposed of.

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JUDGE.

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Comparing Assistant

Chanu Ali and Anr. v. the Union of India and 6 Ors.

Case brief

What is this about?

What did the court decide?

Chanu Ali and Anr. v. the Union of India and 6 Ors.

Case brief

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What the court decided

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