Gauhati High Court
Page No.# 1/16 vs Enamul Hussain And Ors on 23 July, 2025
Page No.# 1/16
GAHC010157482025
2025:GAU-AS:9393
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4026/2025
TAIJUL ISLAM
S/O ABDUL RAHIM R/O VILL GERUAMUKH PO GERUAATI BAZAR PS
KHATOWAR NAGAON ASSAM 782140
VERSUS
ENAMUL HUSSAIN AND ORS
S/O ABDUL AZIZ R/O VILL GERUAMUKH PO GERUAATI BAZAR PS
KHATOWAR NAGAON ASSAM 782140
2:ASSAM STATE ELECTION BCOMMISSION
PANJABARI SIXMILE PANJABARI RAOD GUWAHATI 37
3:THE DISTRICT COMMISSIONER
NAGAON CUM DISTRICT RETURNING OFFICER NAGAON
4:AUTHORISED OFFICER
GERUA ANCHALIK PANCHAYAT CONSTITUENCY OF SINGIMARI
ANCHALIK PANCHAYA
Advocate for the Petitioner : DR. P AGARWAL, MS. S NATH
Advocate for the Respondent : FOR CAVEATOR, MR. M K HUSSAIN,MRS. S Y AHMED,MR. M
ALOM,SC, P AND R.D.,SC, ECI
:::BEFORE:::
HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Date of hearing : 23.07.2025
Date of Judgment : 23.07.2025
Page No.# 2/16Judgment & order(ORAL)
Heard Dr. Pooja Agarwal, learned counsel for the petitioner. Also heard Mr.
M. K. Hussain, learned counsel, appearing on behalf of respondent No. 1; Mr. R.
Dubey, learned standing counsel, State Election Commission, appearing on behalf
of respondent No. 2; Mr. N. Das, learned Government Advocate, appearing on
behalf of respondent No. 3; and Mr. S. Dutta, learned standing counsel,
Panchayat & Rural Development Department, appearing on behalf of respondent
No. 4.
2. The present writ petition has been instituted by the petitioner, herein,
assailing an order, dated 27-06-2025, passed by the Election Tribunal,
Nagaon, in Misc. Case No. 31/2025(in Election Petition No. 03/2025),
restraining the respondent authorities from administering Oath of Office to the
petitioner, herein, as Anchalik Panchayat Member of Singimari Anchalik
Panchayat, in pursuance of his election to the said Panchayat from Gerua
Anchalik Panchayat Constituency.
3. The brief facts requisite for adjudication of the issue arising in the present
proceeding, is noticed as under:
The petitioner, herein, was declared elected on 11-05-2025 as Anchalik
Panchayat Member of Singimari Anchalik Panchayat from Gerua Anchalik
Panchayat Constituency. The Respondent No. 1, herein, assailing the election
of the petitioner, instituted Election Petition No. 03/2025, before the Election
Tribunal, Nagaon. The Respondent No. 1 had also instituted a miscellaneous
case being Misc. Case No. 31/ 2025, praying for interim directions.
Page No.# 3/16
The Election Tribunal, Nagaon, took-up for consideration the said
miscellaneous case and vide order, dated 27-06-2025, was pleased to direct
the respondent authorities to not administer the Oath of Office to the
petitioner, herein, and not to permit him to take charge as Anchalik Panchayat
Member of Singimari Anchalik Panchayat until final disposal of the Election
Petition, in question.
The petitioner, herein, being aggrieved, has instituted the present
proceeding.
4. Dr. Agarwal, learned counsel appearing on behalf of the petitioner, herein,
by referring to the provisions of Section 127 read with Section 129 of the
Assam Panchayat Act, 1994 (as amended), has submitted that the order,
dated 27-06-2025, impugned in the present proceeding, has been so passed
by the Election Tribunal, Nagaon, without any jurisdiction. The learned counsel
has also submitted that the interim directions as passed by the Election
Tribunal, Nagaon, vide order, dated 27-06-2025, was so passed without
affording an opportunity to the petitioner, herein, to place his stand in the
matter before the Tribunal.
5. Dr. Agarwal, learned counsel for the petitioner, has further submitted that
no power having been vested upon the Election Tribunal, Nagaon, to pass any
interim directions having the effect of frustrating the democratic will of the
people by restraining the elected candidate from assuming his office on his
election; the impugned order, dated 27-06-2025, passed by the Election
Tribunal, Nagaon, would mandate an interference from this Court.
Page No.# 4/16
6. Per contra, Mr. Dubey, learned standing counsel, Assam State Election
Commission, i.e. respondent No. 2, herein, has, at the outset, submitted that
direct elections to the Panchayat Raj bodies would only be permissible to be
challenged by way of instituting an election petition invoking the provisions of
Sections 127 and 129 of the Assam Panchayat Act, 1994(as amended).
7. Mr. Dubey, learned standing counsel, Assam State Election Commission,
by drawing the attention of this Court to the provisions of Section 127 of the
Assam Panchayat Act, 1994(as amended), has submitted that the Panchayat
Election Tribunals are to be so constituted by the Government on the
recommendation of the High Court. The learned standing counsel has further
submitted that the jurisdiction, powers, functions and the headquarters of the
Tribunal so required to be constituted; shall be decided by the Government in
consultation with the High Court.
8. Mr. Dubey, learned standing counsel, Assam State Election Commission,
has submitted that in terms of the provisions of Section 127 of the Assam
Panchayat Act, 1994 (as amended); the Government of Assam in the
Panchayat and Rural Development(A) Department, vide the Notification, dated
30-09-2000, had constituted the Panchayat Election Tribunals in the State with
the jurisdictional district judges as its Presiding Officer to dispose of all direct
election petitions challenging elections under the provisions of the said Assam
Panchayat Act, 1994(as amended). The learned standing counsel has further
submitted that the said Notification, dated 30-09-2000, lays down the
jurisdiction and powers of the constituted Election Tribunal while entertaining
and disposing of the election petitions filed before it by any contesting
candidate in respect of the validity, or, propriety of the election.
Page No.# 5/16
9. Mr. Dubey, learned standing counsel, Assam State Election Commission,
has submitted that in terms of the Notification, dated 30-09-2000, for the
purpose of disposal of election petition, the Tribunals have been vested all the
powers of a Civil Court for the trial of a suit under the Code of Civil Procedure,
1908. By referring to the provisions of Clause 4 of the said Notification, dated
30-09-2000, Mr. Dubey, has submitted that the Election Tribunal upon hearing
the parties, examining such witnesses as may be adduced and on examining
such documents as may be produced by the parties, or, obtained by the
Tribunal, shall pass orders as it may be fit with reasons, thereof.
10. Mr. Dubey, learned standing counsel, Assam State Election Commission,
has fairly submitted that in the light of the provisions of Section 127 and 129
of the Assam Panchayat Act, 1994(as amended) and the provisions of the
Notification, dated 30-09-2000, it is not discernible that the Election Tribunal
has been vested with any power to issue interim directions having the effect of
staying the result of an election, and/or, restraining the elected candidate from
taking Oath of Office.
11. Mr. Hussain, learned counsel appearing for respondent No. 1; on the
other hand, has submitted that the election petition, in question, was filed by
the Respondent No. 1, herein, challenging the election of the petitioner,
herein, as the returned candidate, basing on the grounds as set-out in the
election petition which has the effect of disqualifying the petitioner, herein, in
the election process. The learned counsel has further submitted that the
Election Tribunal, Nagaon, on consideration of the matter and appreciating the
grounds taken, therein, for disqualification of the petitioner, herein, was
pleased, vide order, dated 27-06-2025, to direct the respondent authorities
not to administer the Oath of Office to the petitioner, herein, and/or, permit
Page No.# 6/16
him to assume the charge of the post of Anchalik Panchayat Member of
Singimari Anchalik Panchayat.
12. Mr. Hussain, learned counsel, by referring to the Notification, dated 30-
09-2000, has submitted that the Election Tribunal having vested upon all the
powers of a Civil Court; the provisions of Order No. XXXIX, Rules 1, 2 & 3,
would also stand conferred upon the Election Tribunal and accordingly, the
Election Tribunal is empowered to pass appropriate interim directions as may
be deemed fit and proper in the facts and circumstances of the case.
13. Mr. Hussain, learned counsel for respondent No. 1, has submitted that in
the event, it is held that the Election Tribunal would not have the jurisdiction
to pass interim directions in the election petition so instituted before it; the
same would have the effect of perpetuating an illegality existing in the matter
with regard to the election of the returned candidate which would not be
permissible and accordingly, he has submitted that the Election Tribunal must
be held to have the power to pass appropriate directions, even, interim
directions, for rendering justice in the matter.
14. Mr. Das, learned Government Advocate, appearing on behalf of
respondent No. 3 i.e. District Commissioner, Nagaon, has reiterated and
adopted the submissions as made above by Mr. Hussain, learned counsel
appearing on behalf of respondent No. 1.
15. I have heard the learned counsels appearing for the parties and also
perused the materials available on record.
Page No.# 7/16
16. Before proceeding to examine the issues arising in the present
proceeding; this Court is of the considered view that it would be appropriate to
refer to the relevant provisions existing in the Constitution of India; the Assam
Panchayat Act, 1994(as amended); and the Notification, dated 30-09-2000;
having relevance to the issues arising in the present proceeding.
17. The Constitution of India under Article 243(k) has laid down the
provisions for election to the Panchayat. The same being relevant, is extracted
hereinbelow:
“243K. Elections to the Panchayats. (1) The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall
be vested in a State Election Commission consisting of a State Election Commissioner to be
appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a State, the conditions
of service and tenure of office of the State Election Commissioner shall be such as the
Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from his office except
in like manner and on the like ground as a Judge of a High Court and the conditions of
service of the State Election Commissioner shall not be varied to his disadvantage after his
appointment.
(3) The Governor of a State shall, when so requested by the State Election Commission,
make available to the State Election Commission such staff as may be necessary for the
discharge of the functions conferred on the State Election Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law,
make provision with respect to all matters relating to, or in connection with, elections to
the Panchayats.”
18. The Assam Panchayat Act, 1994(as amended), under the provisions of
Section 127, has provided for the constitution of Panchayat Election Tribunals.
The provisions, thereof, being relevant, is extracted hereinbelow:
“127. Constitution of Panchayat Election Tribunal:-
The Government shall constitute such Panchayat Election Tribunals as may be
necessary, on the recommendation of the High Court to dispose of all direct election
petitions challenging election under this Act. The jurisdiction, powers and functions and
the headquarters of the Tribunal shall be decided by the Government in consultation with
the High Court, except as provided in Section 10 of this Act.”
19. Further, the Assam Panchayat Act, 1994(as amended), in the provisions
Page No.# 8/16
of Section 129, has barred the interference by the Courts in electoral matters
except by way of an election petition which is required to be presented within
a period of 60 days from the declaration of the election result of the tribunals
constituted under Section 127 of the Assam Panchayat Act, 1994(as
amended).
20. The provisions of Section 129 of the Assam Panchayat Act, 1994(as
amended), being relevant, is extracted hereinbelow:
“129. Bar to interference by Courts in electoral matters:- Notwithstanding anything
contained in this Act –
(a) the validity of any law relating to the delimination of constituencies on the
allotment of seats to such constituencies, made under Article 243 of the
Constitution of India shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election
petition presented within sixty days from the date of declaration of election results
to the Tribunal constituted under Section 127.”
21. The provisions of Section 127 of the Assam Panchayat Act, 1994(as
amended), while permitting the Government to constitute such Panchayat
Election Tribunals as may be necessary on recommendation of the High court
to dispose of the election petitions challenging the elections under the said
Act, had also permitted prescription with regard to the jurisdiction, powers,
functions and the headquarter of such Tribunals constituted, in consultation
with the High Court. Accordingly, the Government of Assam, had, vide
Notification, dated 30-09-2000, constituted various Panchayat Election
Tribunals with the jurisdictional District Judge as its Presiding Officer. The said
Notification, dated 30-09-2000, has further laid down the jurisdiction and
powers of the Panchayat Election Tribunals so constituted. The jurisdiction and
powers of the Panchayat Election Tribunals so constituted, being relevant, is
extracted hereinbelow:
“Jurisdiction- The Panchayat Election Tribunals shall have jurisdiction to entertain and
dispose of election petition filed before it by any contesting candidate in respect of validity
or propriety of the election.
Page No.# 9/16
Powers- The Panchayat Election Tribunals shall for the purpose of disposal of the election
petition mentioned here in before shall have all the powers of a Civil Court for the trial of
a suit under the Code of Civil Procedure, 1908 in respect of the following matters namely-
(a) Summoning and enforcing of the attendance of any person and examining him
on Oath;
(b) Requiring the discovery and production of documents;
(c) Receiving evidence on affidavit;
(d) Requisitioning any public record or copy thereof from any court or office; and
(e) Issuing commissions for examination of witnesses or documents.
Procedure to be followed by the Tribunal- (1) The application to be filled under Section 129
shall be in the form of a memorandum containing the grounds or reasons for being
aggrieved parties.
(2) The application shall accompany as many copies as may be required to serve upon the
opposite parties.
(3) On receipt of the application along with the copies thereof, the Tribunal shall issue
notices to the opposite party/parties requiring him to appear and file written statement
before it on such date as may the specified by it in the notice. Every such notice shall
accompany a copy of the application.
(4) The Tribunal shall hear the parties, examine such witnesses as may be adduced,
examine such documents as may be produced by the parties or obtained by the Tribunal
and after hearing, the Tribunal shall pass such order as it may deem fit with reasons
thereof.
(5) The Tribunal, while deciding an application under the Act, shall follow the procedure of
the Civil Court while trying a suit under the Code of Civil Procedure, 1908 as far as may be
in respect of the following matters, namely-
(a) Summoning and enforcing of the attendance of any person and examining him
on Oath;
(b) Requiring the discovery and production of documents;
(c) Receiving evidence on affidavit;
(d) requisiting any public record or copy thereof from any Court or office; and
(e) issuing commissions for examination of witnesses or documents.”
22. The Constitution of India in the provisions under Sub-Article 4 of Article
243(K), has mandated that subject to the provisions of the Constitution; the
Legislature of a State may, by law, make provision with respect to all matters
relating to, or, in connection with, elections to the Panchayats. In the
provisions of Assam Panchayat Act, 1994 (as amended), more particularly, in
Section 127; provisions has been made for constitution of Panchayat Election
Tribunals. In terms of Section 127; the Government is to constitute such
Panchayat Election Tribunal as may be necessary on the recommendation of
the High Court, to dispose of all direct election petitions challenging election
Page No.# 10/16
under the said Act of 1994. It further provided that the Government, in
consultation with the High Court; shall prescribe the jurisdiction, powers,
functions and the headquarters of the Tribunal, so constituted.
23. The provisions of Section 129 of the Assam Panchayat Act, 1994(as
amended), while barring interference by the Courts in electoral matters, has
provided that no election to any Panchayat, shall be called, in question,
except, by way of an election petition presented within 60 days from the date
of declaration of the election results to the Tribunal constituted under Section
127. The jurisdiction and powers of the Panchayat Election Tribunals to be
constituted under the provisions of Section 127, having not been spelt-out and
the same having been required to be so spelt-out by the Government; the
Government of Assam in the Panchayat and Rural Development(A)
Department, had, while constituting the Panchayat Election Tribunals, vide
Notification, dated 30-09-2000, also laid down therein, the jurisdiction and
powers of the Panchayat Election Tribunals so constituted.
24. The said Notification, dated 30-09-2000, provides that the Panchayat
Election Tribunals shall have the jurisdiction to entertain and dispose of the
election petition filed before it, by any contesting candidate in respect of
validity, or, propriety of the election. With regard to the powers conferred upon
the Panchayat Election Tribunals, vide the Notification, dated 30-09-2000; it is
specified that the Election Tribunal so constituted, shall have all the powers of
a Civil Court for the trial of a suit under the Code of Civil Procedure, 1908, in
respect of summoning and enforcing of the attendance of any person and
examining him on Oath; requiring the discovery and production of documents,
receiving evidence on affidavit; requisitioning any public record, or, copy,
thereof, from any court, or, office; and issuing commissions for examination of
Page No.# 11/16
witnesses or documents.
25. With regard to the procedure required to be followed by the Panchayat
Election Tribunals so constituted; the said Notification, dated 30-09-2000,
mandates that the Panchayat Election Tribunals, upon appearance of the
parties before it, shall hear the parties, examine such witnesses as may be
adduced, examine such documents as may be produced by the parties, or,
obtained by the Tribunal and after hearing, the Tribunal shall pass such orders
as it may deem fit with reasons, thereof.
26. The provisions of sections 127 and 129 of the Assam Panchayat Act,
1994(as amended), when read with the provisions of the Notification, dated
30-09-2000, it is revealed that none of these provisions confer power upon
the Panchayat Election Tribunals to pass interim orders restraining the
returned candidate from assuming his office and/or staying the election of
such returned candidate. The procedure provided under Clause(4) of the said
Notification, dated 30-09-2000, required to be followed by the Tribunals for
deciding election petitions; mandates that the Tribunals shall decide an
election petition finally.
27. The powers of a Civil Court as vested upon the Panchayat Election
Tribunal pertains only to the powers of a Civil Court for trial of a suit under the
provisions of the Code of Civil Procedure, 1908. The power and jurisdiction to
grant temporary injunction, or, to grant it under Order XXXIX Rules 1, 2 & 3,
entirely, rests upon the competent Civil Court, but, not to an Election Tribunal
which is not a Civil Court as enshrined under the provisions of the Assam
Panchayat Act, 1994(as amended), read with the provisions of the Notification,
dated 30-09-2000.
Page No.# 12/16
28. Further, the election dispute/contest is not an action at law, or, a suit in
equity but is purely a statutory proceeding unknown to common law and the
Election Tribunal; do not possess common law power and the jurisdiction. It
has only such powers as are conferred upon it expressly by the provisions
made in the Assam Panchayat Act, 1994(as amended), and the provisions of
the Notification, dated 30-09-2000, and it has no inherent powers of a Civil
Court.
29. The said Notification, dated 30-09-2000, having only conferred upon the
Panchayat Election Tribunal, the powers of a Civil Court for the trial of a suit
under the Code of Civil Procedure, 1908; it does not mean that all the
provisions laid down under the Code, are applicable to the conduct of the
election petition and apart from it, in the absence of any express provisions
under the related Act and the Notification; the Panchayat Election Tribunal
shall have no power and jurisdiction to invoke the provisions of law laid down
under Order XXXIX, or, Section 151 of the Code of Civil Procedure.
30. A combined and harmonious reading of the provisions of the Assam
Panchayat Act, 1994(as amended), more particularly, Sections 127 and 129,
thereof, and the provisions of the Notification, dated 30-09-2000; would go to
reveal that the Election Tribunal constituted under Section 127 of the said Act
of 1994, is only empowered to enquire into as to whether the election of any
candidate was made in violation of the conditions set-out in the said Act of
1994 and after the enquiry, to declare such election as void if the Tribunal is of
the opinion that the election was in violation of the provisions of the Assam
Panchayat Act, 1994(as amended). The Election Tribunal has not been vested
with any power, or, jurisdiction to restrain any candidate, or, candidates, who
was/were declared by the State Election Commission and notified as elected
Page No.# 13/16
candidate, or, candidates, from administering the Oath of Office, for which,
he/she was declared as elected.
31. It is a settled position of law that the grant of jurisdiction implies the
grant of all powers necessary to its exercise. The Election Tribunal can deal
with the election dispute and any other election matter by applying the
required procedure available in the Code of Civil Procedure, 1908, as applied
to it; while dealing with an election petition and it should not be interpreted to
also include powers, or, provisions, which are not specifically conferred upon
the Election Tribunal under the Assam Panchayat Act, 1994(as amended),
read with the provisions of the Notification, dated 30-09-2000.
32. In view of the above discussions; this Court is of the considered view
that the power for grant of temporary injunction, or, not to grant of it, are not
essentially necessary while deciding an election petition on its merits,
inasmuch as, such power, or, inherent power, are not provided in the
provisions of the Assam Panchayat Act, 1994(as amended), read with the
provisions of the said Notification, dated 30-09-2000. Further, the Election
Tribunal does not possess common law power and that the grant of those
powers, as discussed above, are not necessary to its exercise of its
jurisdiction.
33. It is to be noticed that that inherent powers are of a Court and an
Election Tribunal, is, admittedly, not a Court as it is created by the statute to
decide certain disputes and is bound to decide the disputes strictly in
accordance with law after following the prescribed procedure and have the
jurisdiction to do only what it is expressly empowered to do. In the case on
hand, the applicable provisions of the Assam Panchayat Act, 1994(as
Page No.# 14/16
amended), read with the provisions of the Notification, dated 30-09-2000,
would go to reveal that no power was conferred upon the Election Tribunal to
grant interim orders. The Legislature and the Government, for obvious
reasons, did not consider it appropriate to permit an Election Tribunal to
obstruct execution of the people’s will which is manifested in the result of the
ballot.
34. Accordingly, this Court is of the considered view that the Election
Tribunal constituted under the provisions of the Assam Panchayat Act, 1994(as
amended), has no power to pass any injunction, or, stay order, or, any other
order, which may impede the implementation of the result of the election. It
would be only permissible to an Election Tribunal constituted under the
provisions of Section 127 of the said Act of 1994, to pass a final order, upon
adjudication of the election petition instituted before it, by following the
procedure prescribed under the provisions of the Notification, dated 30-09-
2000.
35. Support, in this connection, is drawn from the decision of the Hon’ble
Supreme Court rendered in the case of Jyoti Basu & ors. v. Devi Ghosal &
ors., reported in (1982) 1 SCC 691. The relevant conclusion of the Hon’ble
Supreme Court drawn in the said proceeding, is extracted hereinbelow:
“8. A right to elect, fundamental though it is to democracy, is, anomalously enough,
neither a fundamental right nor a common law right. It is pure and simple, a statutory
right. So is the right to be elected. So is the right to dispute an election. Outside of statute,
there is no right to elect, no right to be elected and no right to dispute an election.
Statutory creations they are, and therefore, subject to statutory limitation. An election
petition is not an action at common law, nor in equity. It is a statutory proceeding to
which neither the common law nor the principles of equity apply but only those rules
which the statute makes and applies. It is a special jurisdiction, and a special jurisdiction
has always to be exercised in accordance with the statute creating it. Concepts familiar to
common law and equity must remain strangers to election law unless statutorily
embodied. A court has no right to resort to them on considerations of alleged policy
because policy in such matters as those, relating to the trial of election disputes, is what
the statute lays down. In the trial of election disputes, court is put in a strait-jacket. Thus
the entire election process commencing from the issuance of the notification calling upon
Page No.# 15/16a constituency to elect a member or members right up to the final resolution of the dispute,
if any, concerning the election is regulated by the Representation of the People Act, 1951,
different stages of the process being dealt with by different provisions of the Act. There
can be no election to Parliament or the State Legislature except as provided by the
Representation of the People Act, 1951 and again, no such election may be questioned
except in the manner provided by the Representation of the People Act. So the
Representation of the People Act has been held to be a complete and self-contained code
within which must be found any rights claimed in relation to an election or an election
dispute. We are concerned with an election dispute. The question is who are parties to an
election dispute and who may be impleaded as parties to an election petition. We have
already referred to the scheme of the Act. We have noticed the necessity to rid ourselves of
notions based on common law or equity. We see that we must seek an answer to the
question within the four corners of the statute. What does the Act say?”
36. Having drawn the above conclusions, this Court would now examine the
order, dated 27-06-2025.
37. In the light of the discussions made hereinabove, the order, dated 27-
06-2025, being an interim direction passed by the Election Tribunal, Nagaon;
the same has to be held to have been so passed without jurisdiction. The
Election Tribunal could not have prevented the elected candidate i.e. the
petitioner, herein, from assuming the charge as the Anchalik Panchayat
Member of Singimari Anchalik Panchayat during the pendency of the election
petition instituted in the matter by the Respondent No. 1, herein.
38. In view of the conclusions drawn hereinabove, the order, dated 27-06-
2025, passed by the Election Tribunal, Nagaon, in Misc. Case No. 31/2025(in
Election Petition No. 3/2025), restraining the respondent authorities from
administering the Oath of Office to the petitioner, herein, as a Anchalik
Panchayat Member of Singimari Anchalik Panchayat, stands set aside.
39. The petitioner, herein, shall be entitled to take the Oath of Office as the
Anchalik Panchayat Member of Singimari Anchalik Panchayat and he would
also be entitled to contest the election for the post of President, and/or Vice
Page No.# 16/16
President of the Anchalik Panchayat, in question. However, the election of the
petitioner, herein, as Anchalik Panchayat Member of Singimari Anchalik
Panchayat, from Gerua Anchalik Panchayat Constituency, would be subject to
the outcome of the final order(s) that would be passed by the Election
Tribunal, Nagaon, in Election Petition No. 03/2025.
40. Before parting with the records of the case; this Court keeping in view
the desirability of expeditious adjudication of the election dispute and the fact
that the next date in the matter is fixed on 08-08-2025; it is hereby directed
that the Election Tribunal, Nagaon, should proceed to hear and dispose of the
Election Petition No. 03/2025, expeditiously. The parties to the Election
Petition No. 03/2025, are also directed to cooperate with the Election Tribunal,
Nagaon, for early disposal of the said Election Petition.
41. In the event; the petitioner, herein, is not in a position to receive a
certified copy of this order, during the course of the day, he is permitted to
furnish a downloaded copy of this order before the respondent authorities.
42. With the above directions and observations, this writ petition accordingly
stands disposed of.
JUDGE
Comparing Assistant
[ad_1]
Source link