WP(C) 68/2008 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. G.C. Phukan and Mr. J. N. Sharma, learned counsel for the peti tioners and Mr. M.U. Mahmud, learned S.C., Election Commission. By means of this writ petition filed on 05.01.08, the petitioners have p rayed for a direction to the respondents to allow them to cast votes in the Panc hayat Election scheduled to be held on 09.01.08. The prayer has been made on the basis of Annexure-F letter dated 22.12.07 by which the Assam State Election Com mission directed the Deputy Commissioner, Barpeta to allow the voters in questio n to cast their votes in the Panchayat Election. Mr. Mahmud, learned S.C., Election Commission was requested to obtain in struction and he has received the same. He has produced the relevant documents f rom which it appears that in response to Annexure-F letter dated 22.12.07 which is the basis of the claim of the petitioners, the Deputy Commissioner by his co mmunication of the same date, i.e. on 22.12.07 apprised the Commissioner, Assam State Election Commission that the area in question having been included within the boundary of Barpeta Town way back in 1995 vide notification dated 06.09.95, the voters involved in the writ petition cannot be allowed to cast their votes. Upon receipt of the said communication, the Election Commissioner has permitted the Deputy Commissioner to act in accordance with law by its WT message dated 06 .01.08. It appears that before permitting the Deputy Commissioner, Barpeta to do so, legal opinion was also obtained. The WT message indicates that the Commissi oner has agreed to the report submitted by the Deputy Commissioner on 22.12.07. Learned counsel for the petitioners have placed reliance on Annexure-A n otification dated 26.12.06 so as to contend that since the Town and Country Plan ning Department while notifying the final Master Plan for Baperta has not inclu ded the area in question within Barpeta Town, the inhabitants/voters are entitle d to cast their votes. It is difficult to resolve the controversy with the materials available on records. There is also no question of permitting the petitioners to cast thei r votes in the election to be held tomorrow. If the petitioners have got any gri evance, it will be open for them to approach the authorities with the documents on which they have relied upon including Annexure-A notification dated 26.12.06. In the event of making such approach, the Assam State Election Commission sha ll decide the matter in accordance with law. With the above direction, the writ petition stands disposed of.