EKRAMUL HAQUE vs THE UNION OF INDIA AND ORS

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Form J(2)
Sl.No.6
Sc
In the High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side

Present:
The Hon’ble Justice Aniruddha Roy


WPA 643 OF 2026




Sri Ekramul Haque


Vs.

The Union of India & Ors.


For the petitioner : Mr. Biprojyoti Bhowmik , Adv.




For the Respondent Nos. 1
: Mr. Ajoy Kumar Singhania, Adv.

For the Respondent ECI
:
Ms. Anamika Pandey Adv.(VC),
Mr. Ghyanshyam Pandey Adv. (VC).








Heard on : May 14, 2026
Judgment on : May 14, 2026
[ In Court ]

Aniruddha Roy, J. :
1. Mr. Biprojyoti Bhowmik, learned Advocate appears for the petitioner.
WPA 643 of 2026
A.Roy, J.

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2. Mr. Ajoy Kumar Singhania, learned Advocate appears for the
respondent no.1.
3. Ms. Anamika Pandey, learned Advocate (VC) appears for the Election
Commission of India.
4. Referring to the work permit, Annexure-P5 at page 41 and the work
contract, Annexure-P16 at page 42 to the writ petition petitioner
submits that, the name of the petitioner has been deleted from the
Voters’ List on March 27, 2026 as would be evident from page 26
to the writ petition. The petitioner has filed an SIR Appeal bearing
No.APS2501G310326226346 (hereafter, the SIR Appeal filed by the
petitioner).
5. The petitioner submits that, he has been working as a mason at
Bhutan. In the event, the appeal is not disposed of, the petitioner
shall not be able to produce any valid citizenship document before its
employer and even at the entry point of Bhutan as per the prevailing
relevant Rule/Rules of Immigration.
6. The petitioner prays for an early disposal of his SIR Appeal. In
support, the petitioner has relied upon two orders passed by the
Hon’ble Supreme Court, which are as follows :
a) An order dated April 20, 2026 , In the matter of : Monowara
Khatun –vs.- The Election Commission of India & Ors.
rendered in Writ Petition (s) (civil) No(s).496 of 2026 , where it
has been observed as under :
WPA 643 of 2026
A.Roy, J.

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“ 1. The petitioner, being aggrieved by her exclusion from the voter
list in the SIR process, is said to have already approached the
Appellate Tribunal on 03.04.2026. We dispose of the instant writ
petition with a request to the Appellate Tribunal to accord out of turn
hearing and decide the petitioner’s appeal at the earliest.
2. Pending application(s), if any, shall stand closed.”

b) An order dated April 24, 2026 , In the matter of : Mostari Banu
–vs.- The Election Commission of India & Ors. rendered in Writ
Petition(s) (Civil) No(s). 1089 of 2025 , where the Hon’ble
Supreme Court had observed as under :
“ 1. Most of the issues have been comprehensively answered
through our order dated 13.04.2026 passed in these proceedings.
However, we understand that some issues will continue to arise on
a day-to-day basis, which may require the urgent attention of either
the Hon’ble Chief Justice of the Calcutta High court or the Appellate
Tribunals. We, therefore, grant liberty to the
petitioners/applicants/intervenors or other stakeholders/similarly
placed persons or the applicants in IA No.125518/2026 and IA
No.72026/2026 to :
(i) Approach the Hon’ble Chief Justice of the High Court on the
administrative side for redressal of any pending issues,
(ii) Similarly, if the matter requires judicial intervention, they shall
be entitled to approach the High Court on the judicial side,
(iii) As regards those petitioners/applicants/intervenors or other
stakeholders/similarly placed persons, who have approached
the Appellate Tribunals, they may seek an out-of-turn hearing
of their appeals based on urgency, if any, in terms of the order
passed by this Court separately vide order dated 13.04.2026.
2. IA No. 125518/2026 and IA No.72026/2026 are disposed of.
3. List the main matter on 11.05.2026.”

7. In view of the above, the SIR appellate tribunal is requested to dispose
of the said SIR Appeal, filed by the petitioner, as expeditiously as
possible.
8. Accordingly, the writ petition, WPA 643 of 2026 stands disposed of ,
without any order as to costs.
WPA 643 of 2026
A.Roy, J.

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9. Parties shall act on the basis of the server copy of this order duly
downloaded from the official website of this Court.

(Aniruddha Roy, J.)

WPA 643 of 2026
A.Roy, J.