WP(C) 2776/2009 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA By this application under Article 226 of the Constitution of India the petitione r has prayed for a direction for inclusion of her name in the final Voters List prepared by the Bongaigaon Municipal Board for the year 2009 for Ward No.12 as w ell as for a direction to direct the respondents to allow the petitioner to file her nomination paper as well as to contest the election for the post of Ward Co mmissioner from Ward No. 25 of the Bongaigaon Municipal Board. Petitioner’s case, in brief, is that she is a fit and eligible candidate to cont est the Municipal Election scheduled to be held on 31.07.09. But she could not s ubmit her nomination paper as to her utter shock and surprise she found that her name did not find place in the said Voters List prepared by the Bongaigaon Muni cipal Board in 2009. The petitioner has further alleged some other instances of irregularities in the Voters List. I have heard Mr. N. Dutta, learned Senior counsel assisted by Ms. B Bhuyan, lear ned counsel appearing for the petitioner. Also heard Mr. MU Mahmud, learned Stan ding Counsel, Assam State Election Commission, appearing for respondent No.4 and Ms HM Phukan, learned State counsel appearing for respondent Nos.1, 2, 5 and 6. Mr. Dutta, learned Sr. Counsel for the petitioner has strenuously submitted that the petitioner shall be put to irreparable loss if she is not allowed to submit her nomination paper and to contest the election due to deletion of her name fr om the Voters List. Although the petitioner has not given details of the schedule of the Election in her petition, it is apparent from the pleadings that the process of election ha s been set in motion; the date for filing of the nomination paper has been fixed on 13.07.09, i.e. today, date of scrutiny of the nomination papers has been fix ed on 16.07.09 while the date of polling has been fixed in the entire state of A ssam on 31.07.09. It is now a settled position of law that once the election process has been set in motion, this writ court will not ordinarily interfere in such a process. More over, the prayer of the petitioner for a direction to include her name in the Vo ters List in fact amounts to revision of the Voters List by the writ court which is not within the ambit of exercising power under Article 226 of the Constituti on of India. In this context, this Court is also conscious of the law laid down by the Constitution Bench of the Apex Court in the case of A.K.M. Hassan Uzzaman and others -vs- Union of India and others reported in (1982) 2 SCC 218 which wa s also followed in the case of Inderjit Barua and others -vs- Union of India rep orted in AIR 1984 SC 1911 as well as detailed reasons thereof reported in AIR 19 86 SC 103. The provisions regarding Registration in the electoral roll and other election p rocess are contained in Sections 14 to 23 of the Assam Municipal Act, 1956 (as a mended), as well as in the provisions of the Rules for the Election of Commissi oners of Municipal Boards under the Assam Municipal Act, 1956 (Act XV of 1957). The said Rules provides for publication of draft electoral rolls, lodging of cla ims and objections in respect of the same, procedure for disposal of such claims and objections, etc. Else than making an unspecified statement in paragraph 4 o f the petition that she has also obtained certified copy of the Voters List of t he General Election, nowhere the petitioner has revealed as to when she first ca me to know regarding non-inclusion of her name in the Voters List of the Bongaig aon Municipal Board and as to why she did not avail the statutory remedies as pr escribed under the Rules for inclusion of her name in the Voters List at the opp ortune moment. Instead, this writ petition has been filed praying for judicial i nterference of this Court admittedly on the date fixed for filing of the nominat ion paper, i.e. today. The resultant injury, if any, due to non inclusion of th e name of the petitioner in the Voters List and her resultant deprivation to fil e nomination paper and to contest the election can also be addressed in terms of proviso (c) of Section 16 of the Assam Municipal Act, 1956 (as amended). In view of the discussion above, I do not find this to be a fit case for judicial interference under Article 226 of the Constitution of India. According ly, the writ petition stands dismissed. No order as to cost.