Gauhati High Court
Represented By The Secretary vs Ali Ahmed Laskar on 10 January, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/58
GAHC010280182024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : I.A.(Civil)/15/2025
THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY THE SECRETARY
DOWN TOWN
DISPUR
GUWAHATI-781006
VERSUS
ALI AHMED LASKAR
S/O ABDUR RASHID LASKAR R/O VILL- VICHINGCHA PART-II P.O.
VICHINGCHA PART-II DIST. HAILAKANDI
ASSAM PIN CODE-788155 PHONE NO. 8486454535
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY
DOWN TOWN
DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-781037
4:THE DISTRICT COMMISSIONER
HAILAKANDI
DIST. HAILAKANDI
ASSAM
Page No.# 2/58
PIN CODE-788710
5:THE DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN
CUM THE DISTRICT COMMISSIONER
HAILAKANDI
ASSAM
PIN CODE- 788710
------------
Advocate for : MR. RAKESH DUBEY
Advocate for : appearing for ALI AHMED LASKAR
Linked Case : I.A.(Civil)/25/2025
THE STATE ELECTION COMMISSION
DOWN TOWN
DISPUR
GUWAHATI
VERSUS
MD RAFIQUL ISLAM
S/O- ALHAJ RUSTAM ALI
VILL- PUTHIMARI
P.O.- MANGALDAI
DIST.- DARRANG (ASSAM)
2:The State Of Assam Represented By The Principal And Secretary to The Govt Of
Assam
Panchayat and Rural Development Department Assam Dispur Guwahati 781006
3:The Commissioner
Panchayat And Rural Development Department
Panjabari Juripar Guwahati 781037
4:The District Delimitation Commission Represented by its Chairman Cum The
District Commissioner
Darrang Assam Pin 784125
------------
Advocate for : MR. R DUBEY
Advocate for : GA
ASSAM appearing for MD RAFIQUL ISLAM
Page No.# 3/58
Linked Case : I.A.(Civil)/4094/2024
THE STATE ELECTION COMMISSION
REP BY ELECTION COMMISSIONER
ADITYA TOWER
2ND FLOOR
DOWN TOWN
GS ROAD
DISPUR
GUWAHATI-6
VERSUS
HABIBUR RAHMAN AND TEN ORS
S/O- LATE ABDUL KHALEK
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 78241
2:ASHAR UDDIN AHMED
S/O- LATE ALIMUDDIN
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
3:SHAHID ULLAH
S/O- LATE AJIMUDDIN
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
4:SHAJAHAN ALI
S/O- LATE AKKASH ALI
Page No.# 4/58
VILL.- PATEKIBORI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
5:THE STATE OF ASSAM
- REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
6:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
7:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GHY-37.
8:THE DISTRICT COMMISSIONER
MORIGAON
P.O.
P.S. AND DIST. MORIGAON
ASSAM
PIN- 782105.
9:THE DISTRICT DELIMITATION COMMISSION
MORIGAON
REPRESENTED BY THE CHAIRMAN
P.O. AND P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN- 782105.
10:THE CHIEF EXECUTIVE OFFICER
MORIGAON ZILLA PARISHAD
P.O.
P.S. AND DIST. MORIGAON
ASSAM
PIN- 782105.
Page No.# 5/58
11:THE ELECTION OFFICER
MORIGAON
P.O.
PS. AND DISTRICT MORIGAON
ASSAM
------------
Advocate for : MR. RAKESH DUBEY
Advocate for : appearing for HABIBUR RAHMAN AND TEN ORS
Linked Case : I.A.(Civil)/4090/2024
THE STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
2: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI- 37.
3: THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI- 06.
4: DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER
HAILAKANDI
P.O. AND P.S.- HAILAKANDI
DIST.- HAILAKANDI
ASSAM
PIN- 788151.
VERSUS
DILWAR HUSSAIN BARBHUIYA
SON OF LATE FAIZUR RAHMAN BARBHUIYA
RESIDENT OF VILL. DAKHIN JASNABAD PART-II
P.O.- TANTOO
Page No.# 6/58
P.S.- LALA
DIST.- HAILAKANDI
ASSAM
PIN- 788163.
------------
Advocate for : GA
ASSAM
Advocate for : SC
ECA appearing for DILWAR HUSSAIN BARBHUIYA
Linked Case : I.A.(Civil)/23/2025
THE STATE ELECTION COMMISSION
Aditya Tower 2nd Floor Downtown G S Road Dispur Guwahati
VERSUS
DAKSHINKUL VILLAGE DEVELOPMENT COUNCIL AND ANR
REPRESENTED BY ITS PRESIDENT
ROHUL AL AMIN MIM
AGED ABOUT 45 YEARS
S/O LATE ABDUL MUTLIB
R/O VILL- DAKSHINKUL (MIRZAPUR PART-II)
P.O.-BHANGA BAZAR
DIST- KARIMGANJ
ASSAM
PIN-788701
2:Dakshinkul Village Development Council
Co-Represented By Its Secretary MD. Abdul Basit
Aged About 43 years
Son of Late Ishak Ali Vill Dakshinkul Mirzapur part IIP.O Bhanga Bazar District
Karimganj Assam Pin788701
3:The State Of Assam
Represented By The Chief Secretary To The Govt Of Assam Dispur Guwahati 781006
4:The State Of Assam Represented By The Commissioner And Secretary To The
Government Of Assam
Panchayat And Rural Development Department Dispur Guwahati 6
5:The Additional Chief Secretary To The Government of Assam
Panchayat And Rural Development Department Dispur Guwahati 6
Page No.# 7/58
6:The Commissioner
Panchayat And Rural Development Department
Panjabari Juripar Guwahati 37
7:The Karimganj District Delimitation Commission
Represented By Its Chairman cum District Commissioner Karimganj Assam Pin
788710
8:The Member Secretary Karimganj District Delimitation Commission Cum Chief
Executive Officer Karimga
P.O And Dist Karimganj Assam Pin 788710
9:The Member Karimganj District Delimitation Commission Cum Election Officer
Karimganj For Assam Pan
Karimganj Assam Pin788710
------------
Advocate for : MR. R DUBEY
Advocate for : GA
ASSAM appearing for DAKSHINKUL VILLAGE DEVELOPMENT COUNCIL
AND ANR
Linked Case : WP(C)/5346/2024
ASROF KALAM AZAD LASKAR AND 3 ORS
S/O- LATE ASHAB UDDIN LASKAR
R/O- VILLAGE NUTAN RAMNAGAR
PART IV
P.O- NUTAN RAMNAGAR
P.S- SONAI
DIST- CACHAR
ASSAM
PIN-788119
2: ABU SIDDIK LASKAR
S/O- LATE NAMOR ALI LASKAR
R/O- VILLAGE KAPTAMPUR PART-18
P.O- KAPTANPUR
Page No.# 8/58
P.S- LAKHIPUR
DIST- CACHAR
ASSAM
PIN-788119
3: JUNU BABU LASKAR
C/O- MAHIBUR RAJA LASKAR
R/O- VILLAGE DAKSHIN MOHANPUR PART VII
P.O- DAKSHIN MOHANPUR
P.S- SONAI
DIST- CACHAR
ASSAM
PIN-788119
4: MIZANUR RAHMAN LASKAR
C/O- MISBA UDDIN LASKAR
R/O- VILLAGE AND P.O- KACHUDARAM PART -I
P.S- SONAI
DIST- CACHAR
ASSAM
PIN-788119
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
DISPUR
GUWAHATI- 781006.
2:THE STATE ELECTION COMMISSION
REP. BY ITS ELECTION COMMISSIONER
ADITYA TOWER
2ND FLOOR
OPPOSITE DOWNTOWN HOSPITAL
G.S ROAD
DISPUR
Page No.# 9/58
GUWAHATI-06
KAMRUP(M)
ASSAM
3:THE ADDL. CHIEF SECRETARY
TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
DISPUR
GUWAHATI- 781006.
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI- 781037
5:THE DISTRICT COMMISSIONER
CACHAR CUM CHAIRMAN DELIMITATION COMMISSION FOR ASSAM
PANCHAYAT ELECTION
P.O AND DIST- CACHAR
ASSAM
PIN-788001
6:THE CHIEF EXECUTIVE OFFICER
CACHAR ZILLA PARISHAD CUM MEMBER SECRETARY DELIMITATION
COMMISSION FOR ASSAM PANCHAYAT ELECTION
P.O AND DIST- CACHAR
ASSAM
PIN-788001
7:THE ELECTION OFFICER
OF DIST-CACHAR CUM MEMBER DELIMITATION COMMISSION FOR ASSAM
PANCHAYAT ELECTION
P.O AND DIST- CACHAR
ASSAM
PIN-788001
8:THE BLOCK DEVELOPMENT OFFICER
SONAI DEVELOPMENT BLOCK
P.O- SONAI
DIST- CACHAR
ASSAM
Page No.# 10/58
PIN-788119
------------
Advocate for : MR H I CHOUDHURY
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/6347/2024
ALI AHMED LASKAR
S/O ABDUR RASHID LASKAR
R/O VILL- VICHINGCHA PART-II
P.O. VICHINGCHA PART-II
DIST. HAILAKANDI
ASSAM
PIN CODE-788155
PHONE NO. 8486454535
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY
DOWN TOWN
DISPUR
GUWAHATI-781006.
2:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY THE SECRETARY
DOWN TOWN
DISPUR
GUWAHATI-781006
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-781037
4:THE DISTRICT COMMISSIONER
HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN CODE-788710
Page No.# 11/58
5:THE DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN
CUM THE DISTRICT COMMISSIONER
HAILAKANDI
ASSAM
PIN CODE- 788710
------------
Advocate for : MR. N S LASKAR
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/48/2025
NAGORIK ADHIKAR SURAKSHA MONCHO AND ANR
REPRESENTED BY ITS PRESIDENT
ZIAUR RAHMAN AGED ABOUT 40 YEARS
S/O LATE ABDUL WAHID
VILL-MASLY
DELIMITED WARD NO. 2
LAMAJUAR GAON PANCHAYAT
(OLD WARD NO. 5
MASLY GAON PANCHAYAT)
ZPC-SRIGOURI
P.O.-BHANGA BAZAR
P.S.-BADARPUR
DIST-SRIBHUMI
ASSAM
788701
2: NAGORIK ADHIKAR SURAKSHA MONCHO
REPRESENTED BY ITS SECRETARY
NEZAM UDDIN
AGED ABOUT 45 YEARS
S/O ABDUL MANIK
VILL- MASLY
DELIMITED WARD NO. 1
LAMAJUAR GAON PANCHAYAT
(OLD WARD NO. 2
MASLY GAON PANCHAYAT)
ZPC-SRIGOURI
P.O.-BHANGA BAZAR
P.S.-BADARPUR
DIST-SRIBHUMI
ASSAM
Page No.# 12/58
788701
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-781006
3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
DISPUR
GUWAHATI-781006
4:THE COMMISSIONER AND SECRETARY
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI-781037
5:THE KARIMGANJ DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER
KARIMGANJ FOR ASSAM PANCHAYAT ELECTION
DIST- KARIMGANJ
ASSAM
PIN-788710
6:THE MEMBER SECRETARY
KARIMGANJ DISTRICT DELIMITATION COMMISSION
CUM CHIEF EXECUTIVE OFFICER
KARIMGANJ ZILLA PARISHAD FOR ASSAM PANCHAYAT ELECTION
P.O. AND DIST- KARIMGANJ
ASSAM
PIN-788710
7:THE MEMBER
KARIMGANJ DISTRICT DELIMITATION COMMISSION
CUM ELECTION OFFICER
KARIMGANJ FOR ASSAM PANCHAYAT ELECTION
P.O AND DIST- KARIMGANJ
ASSAM
Page No.# 13/58
PIN-788710
8:THE STATE ELECTION COMMISSION
REPRESENTED B Y THE CHIEF ELECTION OFFICER
ADITYA TOWER
2ND FLOOR
NEAR DOWN TOWN HOSPITAL
G.S. ROAD
DISPUR
GUWAHATI-781006
------------
Advocate for : MR. A K TALUKDAR
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/5984/2024
MD. RAFIQUL ISLAM
S/O- ALHAJ RUSTAM ALI
VILL- PUTHIMARI
P.O.- MANGALDAI
DIST.- DARRANG (ASSAM)
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE PRINCIPAL AND SECRETARY TO THE GOVT. OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-06
2:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY THE SECRETARY
DOWN TOWN
DISPUR
GUWAHATI-06
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-37
4:THE DISTRICT DELIMITATION COMMISSION
Page No.# 14/58
REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER
DARRANG (ASSAM)
PIN- 784125
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : I.A.(Civil)/31/2025
THE STATE ELECTION COMMISSION
ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR DOWN TOWN
G S ROAD DISPUR GUWAHATI
VERSUS
ASROF KALAM AZAD LASKAR
Address - S/O- LATE ASHAB UDDIN LASKAR
R/O- VILLAGE NUTAN RAMNAGAR
PART IV
P.O- NUTAN RAMNAGAR
P.S- SONAI
DIST- CACHAR
ASSAM
PIN-788119
2:Abu Siddik Laskar
S/O- LATE NAMOR ALI LASKAR R/O- VILLAGE KAPTAMPUR PART-18 P.O-
KAPTANPUR
P.S-LAKHIPUR DIST- CACHAR ASSAM
PIN-788119
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
HIGHER EDUCATION DEPARTMENT
DISPUR
GUWAHATI-06
3:JUNU BABU LASKAR
C/O- MAHIBUR RAJA LASKAR
R/O- VILLAGE DAKSHIN MOHANPUR PART VII P.O- DAKSHIN MOHANPUR
P.S- SONAI
DIST- CACHAR ASSAM
PIN-788119
Page No.# 15/58
4:MIZANUR RAHMAN LASKAR
C/O- MISBA UDDIN LASKAR
R/O- VILLAGE AND P.O- KACHUDARAM PART -I P.S- SONAI
DIST- CACHAR ASSAM
PIN-78811
5:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
DISPUR
GUWAHATI- 781006.
6:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM DISPUR GUWAHATI 781006
7:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
ASSAM PANJABARI JURIPAR GUWAHATI 781037
8:THE DISTRICT COMMISSIONER CACHAR CUM CHAIRMAN
DELIMITATION COMMISSION FOR ASSAM
PANCHAYAT ELECTION P O AND DIST CACHAR ASSAM PIN 788001
9:THE CHIEF EXECUTIVE OFFICER CACHAR ZILLA PARISHAD CUM
MEMBER SECRETARY DELIMITATION COMMISSION FOR A
P O AND DIST CACHAR ASSAM PIN 788001
10:THE ELECTION OFFICER OF DIST CACHAR CUM MEMBER
DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION
P O AND DIST CACHAR ASSAM PIN 788001
11:THE BLOCK DEVELOPMENT OFFICER SONAI DEVELOPMENT BLOCK
P O SONAI DIST CACHAR ASSAM
PIN 78811
------------
Advocate for : MR. R DUBEY
Advocate for : GA
ASSAM appearing for ASROF KALAM AZAD LASKAR
Linked Case : WP(C)/5664/2024
DILWAR HUSSAIN BARBHUIYA
SON OF LATE FAIZUR RAHMAN BARBHUIYA
Page No.# 16/58
RESIDENT OF VILL. DAKHIN JASNABAD PART-II
P.O.- TANTOO
P.S.- LALA
DIST.- HAILAKANDI
ASSAM
PIN- 788163.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI- 37.
3:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI- 06.
4:DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER
HAILAKANDI
P.O. AND P.S.- HAILAKANDI
DIST.- HAILAKANDI
ASSAM
PIN- 788151.
------------
Advocate for : MR. S B LASKAR
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 3 ORS.
Page No.# 17/58
Linked Case : I.A.(Civil)/4091/2024
THE STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
2: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-3
3: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GHY-37.
4: THE DISTRICT COMMISSIONER
MORIGAON
P.O.
P.S. AND DIST. MORIGAON
ASSAM
PIN- 782105.
5: THE DISTRICT DELIMITATION COMMISSION
MORIGAON
REPRESENTED BY THE CHAIRMAN
P.O. AND P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN- 782105.
6: THE CHIEF EXECUTIVE OFFICER
MORIGAON ZILLA PARISHAD
P.O.
P.S. AND DIST. MORIGAON
ASSAM
PIN- 782105.
VERSUS
HABIBUR RAHMAN
S/O- LATE ABDUL KHALEK
Page No.# 18/58
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
2:ASHAR UDDIN AHMED
S/O- LATE ALIMUDDIN
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
3:SHAHID ULLAH
S/O- LATE AJIMUDDIN
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
4:SHAJAHAN ALI
S/O- LATE AKKASH ALI
VILL.- PATEKIBORI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
5:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER
ADITYA TOWER
2ND FLOOR
DOWN TOWN
G.S. ROAD
DISPUR
GHY-6.
------------
Advocate for : SUDIPTA DUTTA
Page No.# 19/58
Advocate for : SC
ECA appearing for HABIBUR RAHMAN
Linked Case : I.A.(Civil)/17/2025
THE STATE OF ASSAM
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT
DISPUR
GUWAHATI-6
2: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-37
3: DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER
KARIMGANJ
(ASSAM) PIN- 788710
VERSUS
ABDUL MOTLEB
S/O- LATE AJBAR ALI
RESIDENT OF VILL AND P.O. BRAHMAN SAHSHAN PART-I
BLOCK-1
P.S. NILAMBAZAR
DIST.- KARIMGANJ (ASSAM)
2:KHALIL UDDIN
S/O- LATE BASIR ALI RESIDENT OF VILL AND P.O. BRAHMAN SAHSHAN
PART-I BLOCK-1 P.S. NILAMBAZAR DIST.- KARIMGANJ (ASSAM
3:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY THE SECRETARY
DOWN TOWN
DISPUR
GUWAHATI-06
------------
Advocate for : SUDIPTA DUTTA
Advocate for : SC
ECA appearing for ABDUL MOTLEB
Page No.# 20/58
Linked Case : WP(C)/5706/2024
HABIBUR RAHMAN AND 3 ORS
S/O- LATE ABDUL KHALEK
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
2: ASHAR UDDIN AHMED
S/O- LATE ALIMUDDIN
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
3: SHAHID ULLAH
S/O- LATE AJIMUDDIN
VILL.- SIDHAGURI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
4: SHAJAHAN ALI
S/O- LATE AKKASH ALI
VILL.- PATEKIBORI
P.O. BURGAON
P.S. MAYONG
MOUZA- PAKARIA
DIST. MORIGAON
ASSAM
PIN- 782411.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
Page No.# 21/58
GUWAHATI-6.
2:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER
ADITYA TOWER
2ND FLOOR
DOWN TOWN
G.S. ROAD
DISPUR
GHY-6.
3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GHY-37.
5:THE DISTRICT COMMISSIONER
MORIGAON
P.O.
P.S. AND DIST. MORIGAON
ASSAM
PIN- 782105.
6:THE DISTRICT DELIMITATION COMMISSION
MORIGAON
REPRESENTED BY THE CHAIRMAN
P.O. AND P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN- 782105.
7:THE CHIEF EXECUTIVE OFFICER
MORIGAON ZILLA PARISHAD
P.O.
P.S. AND DIST. MORIGAON
ASSAM
PIN- 782105.
8:THE ELECTION OFFICER
MORIGAON
P.O.
P.S. AND DIST. MORIGAON
Page No.# 22/58
ASSAM
PIN- 782105.
------------
Advocate for : MR K P PATHAK
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : I.A.(Civil)/18/2025
THE STATE OF ASSAM
REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
DISPUR
GUWAHATI- 781006
2: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-781037
3: THE DISTTRICT COMMISSIONER
CACHAR CUM CHAIRMAN DELIMITATION COMMISSION
FOR ASSAM
PANCHAYAT ELECTION
P.O. AND DISTRICT- CACHAR
ASSAM
PIN- 788001
4: THE CHIEF EXECUTIVE OFFICER
CACHAR ZILLA PARISHAD CUM MEMBER SECRETARY
DELIMITATION COMMISSION
FOR ASSAM
PANCHAYAT ELECTION
P.O. AND DIST.- CACHAR
ASSAM
PIN- 788001
5: THE BLOCK DEVELOPMENT OFFICER
SONAI DEVELOPMENT BLOCK
P.O.- SONAI
DIST.- CACHAR
ASSAM
PIN- 788119
VERSUS
Page No.# 23/58
NILIMA BEGUM LASKAR
W/O- LATE AMIN UDDIN LASKAR
VILL- NATUN RAMNAGAR PART-IV
P.O.- DASKHIN MOHANPUR
P.S.- SONAI
DIST.- CACHAR (ASSAM)
2:RAFIQUL HOQUE BARBHUIYA
S/O- LATE KHALILUR RAHMAN BARBHUIYA VILL. AND P.O.- SAIDPUR
PART-II DIST.- CACHAR (ASSAM)
3:ATIKUR RAHMAN BARBHUIYA
S/O- LATE SAFIQUR RAHMAN BARBHUIYA VILL.- DAKSHIN KRISHNAPUR
P.O.- SONABARI GHAT DIST.- CACHAR (ASSAM)
4:TAHER BARBHUIYA
S/O- ROBIUL RAHMAN BARBHUIYA VILL- DHANCHARI PART-II P.O.-
SILDUBI DIST.- CACHAR (ASSAM)
5:JAHAN UDDIN MAZUMDER
S/O- LATE ASADOR ALI MAZUMDER
VILL- GOBINDANAGAR PART-I P.O.- DAKSHIN MOHANPUR DIST.- CACHAR
(ASSAM).
6:SABINA YEASMIN LASKAR
W/O- GULAM WAJID BARBHUIYA VILL- NATUN RAMNAGAR PART-IV P.O.-
DAKSHIN MOHANPUR DIST.- CACHAR (ASSAM)
7:BAKTAR UDDIN LASKAR
S/O- LATE ABDUR RAHMAN LASKAR VILL- KAPTANPUR PART-XVI P.O.
AMJUNGHAT P.S.- LAKHIPUR DIST.- CACHAR (ASSAM)
8:THE STATE ELECTION COMMISSION
REPRESENTED BY THE SECRETARY DOWN TOWN DISPUR GUWAHATI-
781006
9:THE ELECTION OFFICER
OF DISTRICT- CACHAR CUM MEMBER DELIMITATION COMMISSION
FOR ASSAM PANCHAYAT ELECTION
P.O. AND DIST.- CACHAR
ASSAM
PIN- 788001
------------
Advocate for : MR. K KONWAR
Advocate for : MR H R A CHOUDHURY appearing for NILIMA BEGUM LASKAR
Page No.# 24/58
Linked Case : WP(C)/5751/2024
ABDUL MOTLEB AND ANR
S/O- LATE AJBAR ALI
RESIDENT OF VILL AND P.O. BRAHMAN SAHSHAN PART-I
BLOCK-1
P.S. NILAMBAZAR
DIST.- KARIMGANJ (ASSAM)
2: KHALIL UDDIN
S/O- LATE BASIR ALI
RESIDENT OF VILL AND P.O. BRAHMAN SAHSHAN PART-I
BLOCK-1
P.S. NILAMBAZAR
DIST.- KARIMGANJ (ASSAM)
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE PRINCIPAL AND SECRETARY TO THE GOVT. OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-06
2:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY THE SECRETARY
DOWN TOWN
DISPUR
GUWAHATI-06
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-37
4:THE DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER
KARIMGANJ (ASSAM)
PIN- 788710
------------
Advocate for : MR. A H M R CHOUDHURY
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 3 ORS
Page No.# 25/58
Linked Case : I.A.(Civil)/14/2025
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
2: THE ADDITIONAL CHIEF SECRETARY
TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL
DEVELOPMENT DEPTT. DISPUR GUWAHATI-6
3: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI
JURIPAR GUWAHATI-37
4: THE KARIMGANJ DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER
KARIMGANJ FOR ASSAM PANCHAYAT ELECTION DIST- KARIMGANJ
ASSAM PIN-788710
5: THE MEMBER SECRETARY KARIMGANJ DISTRICT DELIMITATION
COMMISSION
CUM CHIEF EXECUTIVE OFFICER KARIMGANJ ZILLA PARISHAD FOR
ASSAM PANCHAYAT ELECTION P.O. AND DIST-KARIMGANJ ASSAM PIN-
788710
6: THE MEMBER KARIMGANJ DISTRICT DELIMITATION COMMISSION
CUM ELECTION OFFICER KARIMGANJ FOR ASSAM PANCHAYAT ELECTION
P.O. AND DIST- KARIMGANJ ASSAM PIN-788710
VERSUS
DAKSHINKUL VILLAGE DEVELOPMENT COUNCIL
REPRESENTED BY ITS PRESIDENT
ROHUL AL AMIN MIM
AGED ABOUT 45 YEARS
S/O LATE ABDUL MUTLIB
R/O VILL- DAKSHINKUL (MIRZAPUR PART-II)
P.O.-BHANGA BAZAR
DIST- KARIMGANJ
ASSAM
PIN-788701
2:DAKSHINKUL VILLAGE DEVELOPMENT COUNCIL CO
REPRESENTED BY ITS SECRETARY MD. ABDUL BASIT AGED ABOUT 43
YEARS S/O LATE ISHAK ALI VILL- DAKSHINKUL (MIRZAPUR PART-II) P.O.-
BHANGA BAZAR
DIST- KARIMGANJ
ASSAM
Page No.# 26/58
PIN-788701
3:THE STATE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER
ADITYA TOWER
2ND FLOOR
DOWN TOWN
G.S. ROAD DISPUR
GUWAHATI-6
------------
Advocate for : SUDIPTA DUTTA
Advocate for : SC
ECA appearing for DAKSHINKUL VILLAGE DEVELOPMENT COUNCIL
Linked Case : I.A.(Civil)/22/2025
THE STATE ELECTION COMMISSION
DOWNTOWN
DISPUR
GUWAHATI
VERSUS
ABDUL MOTLEB
S/O- LATE AJBAR ALI
RESIDENT OF VILL AND P.O. BRAHMAN SAHSHAN PART-I
BLOCK-1
P.S. NILAMBAZAR
DIST.- KARIMGANJ (ASSAM)
2:Khalil Uddin
Son of Late Basir Ali Resident of Vill And P.O. Brahman Sahshan Part I Block 1P S
Nilambazar Dist Karimganj Assam
3:The State Of Assam Represented By The Principal And Secretary to The Govt Of
Assam
Panchayat and Rural Development Department Assam Dispur Guwahati 781006
4:The Commissioner
Panchayat And Rural Development Department
Panchayat and Rural Development Department Assam Dispur Guwahati 781006
5:The District Delimitation Commission Represented by its Chairman Cum The
District Commissioner
Page No.# 27/58
Karimganj Assam 788710
------------
Advocate for : MR. RAKESH DUBEY
Advocate for : GA
ASSAM appearing for ABDUL MOTLEB
Linked Case : I.A.(Civil)/19/2025
THE STATE OF ASSAM
REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
DISPUR
GUWAHATI- 781006
2: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM
PANJABARI
JURIPAR
GUWAHATI- 781037
3: THE DISTRICT COMMISSIONER
CACHAR CUM CHAIRMAN DELIMITATION COMMISSION FOR ASSAM
PANCHAYAT ELECTION
P.O AND DIST- CACHAR
ASSAM
PIN-788001
4: THE CHIEF EXECUTIVE OFFICER
CACHAR ZILLA PARISHAD CUM MEMBER SECRETARY DELIMITATION
COMMISSION FOR ASSAM PANCHAYAT ELECTION
P.O AND DIST- CACHAR
ASSAM
PIN-788001
5: THE BLOCK DEVELOPMENT OFFICER
SONAI DEVELOPMENT BLOCK
P.O- SONAI
DIST- CACHAR
ASSAM
PIN-78811
VERSUS
ASROF KALAM AZAD LASKAR
S/O- LATE ASHAB UDDIN LASKAR
R/O- VILLAGE NUTAN RAMNAGAR
Page No.# 28/58
PART IV
P.O- NUTAN RAMNAGAR
P.S- SONAI
DIST- CACHAR
ASSAM
PIN-788119
2:ABU SIDDIK LASKAR
S/O- LATE NAMOR ALI LASKAR
R/O- VILLAGE KAPTAMPUR PART-18 P.O- KAPTANPUR P.S- LAKHIPUR DIST-
CACHAR ASSAM PIN-788119
3:JUNU BABU LASKAR
C/O- MAHIBUR RAJA LASKAR R/O- VILLAGE DAKSHIN MOHANPUR PART
VII
P.O- DAKSHIN
MOHANPUR
P.S- SONAI
DIST- CACHAR
ASSAM
PIN-788119
4:MIZANUR RAHMAN LASKAR
C/O- MISBA UDDIN LASKAR
R/O- VILLAGE AND P.O- KACHUDARAM PART -I
P.S- SONAI
DIST- CACHAR
ASSAM
PIN-788119
5:THE STATE ELECTION COMMISSION
REP. BY ITS ELECTION COMMISSIONER
ADITYA TOWER
2ND FLOOR
OPPOSITE DOWNTOWN HOSPITAL
G.S ROAD
DISPUR
GUWAHATI-06
KAMRUP(M)
ASSAM
6:THE ELECTION OFFICER
OF DIST-CACHAR CUM MEMBER DELIMITATION COMMISSION
FOR ASSAM PANCHAYAT ELECTION
P.O AND DIST- CACHAR
ASSAM PIN-788001.
------------
Advocate for : SUDIPTA DUTTA
Page No.# 29/58
Advocate for : SC
ECA appearing for ASROF KALAM AZAD LASKAR
Linked Case : WP(C)/5613/2024
ABDUL AHAD LASKAR AND 3 ORS
S/O ABDUL GOFUR LASKAR
VILL- RONGPUR PART-I
P.O. APPIN
DIST. HAILAKANDI
ASSAM
2: RUBUL AHMED LASKAR
S/O SOYED AHMED LASKAR
VILL- PALOICHERRA PART-II
P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM
3: AMIR UDDIN BARBHUIYA
S/OLT. TALEB UDDIN BARBHUIYA
VILL- BALDABALDI PART-I
P.O. SULTANICHERRA
P.S. RAMNATHPUR
DIST. HAILAKANDI
ASSAM
4: SAHIDUL ALOM LASKAR
S/O ABDUL MOTLIB LASKAR
VILL- BOALIPAR PART-II
PO. BOALIPAR BAZAR
DIST. HAILAKANDI
ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER
Page No.# 30/58
ADITYA TOWER
2ND FLOOR
DOWN TOWN
G.S. ROAD
DISPUR
GUWAHATI-6.
3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT
DISPUR
GUWAHATI-6.
4:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-37.
5:THE DISTRICT COMMISSIONER
HAILAKANDI
P.O. AND P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN-788151
6:THE DISTRICT DELIMITATION COMMISSION
HAILAKANDI
REPRESENTED BY THE CHAIRMAN
P.O. AND P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN-788151
7:THE CHIEF EXECUTIVE OFFICER
HAILAKANDI ZILLA PARISHAD
P.O. AND P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN- 788151.
8:THE ELECTION OFFICER
Page No.# 31/58
HAILAKANDI
P.O. AND P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN- 788151
------------
Advocate for : MR. M K HUSSAIN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/5771/2024
DAKSHINKUL VILLAGE DEVELOPMENT COUNCIL AND ANR
REPRESENTED BY ITS PRESIDENT
ROHUL AL AMIN MIM
AGED ABOUT 45 YEARS
S/O LATE ABDUL MUTLIB
R/O VILL- DAKSHINKUL (MIRZAPUR PART-II)
P.O.-BHANGA BAZAR
DIST- KARIMGANJ
ASSAM
PIN-788701
2: DAKSHINKUL VILLAGE DEVELOPMENT COUNCIL
CO-REPRESENTED BY ITS SECRETARY
MD. ABDUL BASIT
AGED ABOUT 43 YEARS
S/O LATE ISHAK ALI
VILL- DAKSHINKUL (MIRZAPUR PART-II)
P.O.- BHANGA BAZAR
DIST- KARIMGANJ
ASSAM
PIN-788701
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
Page No.# 32/58
GUWAHATI-6
3:THE STATE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER
ADITYA TOWER
2ND FLOOR
DOWN TOWN
G.S. ROAD
DISPUR
GUWAHATI-6
4:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
DISPUR
GUWAHATI-6
5:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-37
6:THE KARIMGANJ DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER
KARIMGANJ FOR ASSAM PANCHAYAT ELECTION
DIST- KARIMGANJ
ASSAM
PIN-788710
7:THE MEMBER SECRETARY
KARIMGANJ DISTRICT DELIMITATION COMMISSION
CUM CHIEF EXECUTIVE OFFICER
KARIMGANJ ZILLA PARISHAD FOR ASSAM PANCHAYAT ELECTION
P.O. AND DIST-KARIMGANJ
ASSAM
PIN-788710
8:THE MEMBER
KARIMGANJ DISTRICT DELIMITATION COMMISSION
CUM ELECTION OFFICER
KARIMGANJ FOR ASSAM PANCHAYAT ELECTION
P.O. AND DIST- KARIMGANJ
ASSAM
PIN-788710
------------
Advocate for : MR. A K TALUKDAR
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 7 ORS
Page No.# 33/58
Linked Case : I.A.(Civil)/30/2025
THE STATE ELECTION COMMISSIONER
ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR DOWN TOWN
G S ROAD DISPUR GUWAHATI
VERSUS
ABDUL AHAD LASKAR
S/O ABDUL GOFUR LASKAR VILL- RONGPUR PART-I P.O. APPIN DIST.
HAILAKANDI
ASSAM
2:Rubul Ahmed Laskar
Son of Soyed Ahmed Laskar Paloicherra P S Hailakandi Dist Hailakandi Assam
3:Amir Uddin barbhuiya
Son of Lt Taleb Uddin Barbhuiya Vill Baldabaldi Part I PO Sultanicherra P S
ramnathpur Dist Hailakandi Assam
4:Sahidul Alom Laskar
Son of Abdul Motlib Laskar Vill Boalipar Part II P.O Boalipar Bazar Dist Hailakandi
Assam
5:The State Of Assam
Represented By The Principal Secretary to The Govt Of Assam Panchayat and Rural
Development Department Dispur Guwahati 781006
6:The Additional Chief Secretary To The Government of Assam Panchayat and Rural
Development
Dispur Guwahati 6
7:The Commissioner
Panchayat and Rural Development Department
Panjabari Juripar Guwahati 37
8:The District Commissioner Hailakandi
PO and P S Hailakandi Dist Hailakandi Assam Pin 788151
9:The District Delimitation Commission Hailakandi Represented by the Chairman
Hailakandi Dist Hailakandi Assam Pin 788151
10:The Chief Executive Officer
Page No.# 34/58
Hailakandi Zilla Parishad PO And P S Hailakandi Dist Hailakandi
Assam Pin 788151
11:The Election Officer Hailakandi
Hailakandi Dist Hailakandi Assam Pin788151
------------
Advocate for : MR. R DUBEY
Advocate for : GA
ASSAM appearing for ABDUL AHAD LASKAR
Linked Case : I.A.(Civil)/20/2025
THE STATE OF ASSAM
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT
DISPUR
GUWAHATI-6
2: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-37
3: THE DISTRICT COMMISSIONER
HAILAKANDI
P.O. AND P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN-788151
4: THE DISTRICT DELIMITATION COMMISSION
HAILAKANDI REPRESENTED BY THE CHAIRMAN P.O. AND P.S.
HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN-788151
5: THE CHIEF EXECUTIVE OFFICER
HAILAKANDI ZILLA PARISHAD
P.O. AND P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM PIN- 788151
VERSUS
Page No.# 35/58
ABDUL AHAD LASKAR
S/O ABDUL GOFUR LASKAR VILL- RONGPUR PART-I P.O. APPIN DIST.
HAILAKANDI
ASSAM
2:RUBUL AHMED LASKAR
S/O SOYED AHMED LASKAR VILL- PALOICHERRA PART-II P.S. HAILAKANDI
DIST. HAILAKANDI ASSAM
3:AMIR UDDIN BARBHUIYA
S/O LT. TALEB UDDIN BARBHUIYA VILL- BALDABALDI PART-I P.O.
SULTANICHERRA P.S. RAMNATHPUR DIST. HAILAKANDI ASSAM
4:SAHIDUL ALOM LASKAR
S/O ABDUL MOTLIB LASKAR VILL- BOALIPAR PART-II PO. BOALIPAR
BAZAR DIST. HAILAKANDI ASSAM
5:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR
DOWN TOWN G.S. ROAD DISPUR GUWAHATI-6
6:THE ELECTION OFFICER
HAILAKANDI P.O. AND P.S. HAILAKANDI DIST. HAILAKANDI ASSAM PIN-
788151
------------
Advocate for : MR. K KONWAR
Advocate for : SC
ECA appearing for ABDUL AHAD LASKAR
Linked Case : I.A.(Civil)/16/2025
THE STATE OF ASSAM
REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
DISPUR
GUWAHATI- 781006
2: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-781037
3: THE DISTRICT COMMISSIONER
Page No.# 36/58
HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN CODE-788710
4: THE DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER
HAILAKANDI
ASSAM PIN CODE- 788710
VERSUS
ALI AHMED LASKAR
S/O ABDUR RASHID LASKAR R/O VILL- VICHINGCHA PART-II
P.O. VICHINGCHA PART-II
DIST. HAILAKANDI
ASSAM
PIN CODE-788155 PHONE NO. 8486454535
2:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY THE SECRETARY
DOWN TOWN
DISPUR
GUWAHATI-781006
------------
Advocate for : SUDIPTA DUTTA
Advocate for : SC
ECA appearing for ALI AHMED LASKAR
Linked Case : I.A.(Civil)/9/2025
THE STATE OF ASSAM
REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
DISPUR
GUWAHATI- 781006
2: THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI-37
3: THE DISTRICT DELIMITATION COMMISSION
REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER
DARRANG (ASSAM)
Page No.# 37/58
PIN- 78412
VERSUS
MD RAFIQUL ISLAM
S/O- ALHAJ RUSTAM ALI
VILL- PUTHIMARI
P.O.- MANGALDAI
DIST.- DARRANG (ASSAM)
2:THE ASSAM STATE ELECTION COMMISSION
REPRESENTED BY THE SECRETARY DOWN TOWN
DISPUR
GUWAHATI-06
------------
Advocate for : SUDIPTA DUTTA
Advocate for : SC
ECA appearing for MD RAFIQUL ISLAM
Linked Case : WP(C)/5631/2024
NILIMA BEGUM LASKAR AND 6 ORS
W/O- LATE AMIN UDDIN LASKAR
VILL- NATUN RAMNAGAR PART-IV
P.O.- DASKHIN MOHANPUR
P.S.- SONAI
DIST.- CACHAR (ASSAM).
2: RAFIQUL HOQUE BARBHUIYA
S/O- LATE KHALILUR RAHMAN BARBHUIYA
VILL. AND P.O.- SAIDPUR PART-II
DIST.- CACHAR (ASSAM).
3: ATIKUR RAHMAN BARBHUIYA
S/O- LATE SAFIQUR RAHMAN BARBHUIYA
VILL.- DAKSHIN KRISHNAPUR
P.O.- SONABARI GHAT
DIST.- CACHAR (ASSAM).
Page No.# 38/58
4: TAHER BARBHUIYA
S/O- ROBIUL RAHMAN BARBHUIYA
VILL- DHANCHARI PART-II
P.O.- SILDUBI
DIST.- CACHAR (ASSAM).
5: JAHAN UDDIN MAZUMDER
S/O- LATE ASADOR ALI MAZUMDER
VILL- GOBINDANAGAR PART-I
P.O.- DAKSHIN MOHANPUR
DIST.- CACHAR (ASSAM).
6: SABINA YEASMIN LASKAR
W/O- GULAM WAJID BARBHUIYA
VILL- NATUN RAMNAGAR PART-IV
P.O.- DAKSHIN MOHANPUR
DIST.- CACHAR (ASSAM).
7: BAKTAR UDDIN LASKAR
S/O- LATE ABDUR RAHMAN LASKAR
VILL- KAPTANPUR PART-XVI
P.O. AMJUNGHAT
P.S.- LAKHIPUR
DIST.- CACHAR (ASSAM).
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE STATE ELECTION COMMISSION
Page No.# 39/58
REPRESENTED BY ITS REGISTRAR
ADITYA TOWER
2ND FLOOR
DOWN TOWN
G.S. ROAD
DISPUR
GUWAHATI- 06.
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIPAR
GUWAHATI- 37.
4:THE DIST. COMMISSIONER
CACHAR CUM CHAIRMAN
DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION
P.O. AND DISTRICT- CACHAR
ASSAM
PIN- 788001.
5:THE CHIEF EXECUTIVE OFFICER
CACHAR ZILLA PARISHAD CUM MEMBER SECRETARY
DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION
P.O. AND DIST.- CACHAR
ASSAM
PIN- 788001.
6:THE ELECTION OFFICER OF DISTRICT- CACHAR CUM MEMBER
DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION
P.O. AND DIST.- CACHAR
ASSAM
PIN- 788001.
7:THE BLOCK DEVELOPMENT OFFICER
SONAI DEVELOPMENT BLOCK
P.O.- SONAI
DIST.- CACHAR
ASSAM
Page No.# 40/58
PIN- 788119.
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Advocate for : MR H R A CHOUDHURY
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 6 ORS
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
10.01.2025
Heard Mr. K.P. Pathak, learned Senior Counsel assisted by Mr. H.I
Choudhury, learned counsel for the opposite parties/petitioners in WP(C)
No.5346/2024, WP(C) No.5613/2024 and WP(C) No.5706/2024, Mr. K.N.
Chodhury, learned Senior Counsel assisted by Mr. AK Talukdar, learned counsel
for the opposite parties/petitioners in WP(C) No.5771/2024 and WP(C)
no.48/2025, Mr. S.B. Laskar, learned counsel for the opposite parties/petitioners in
WP(C) No.5664/2024, Mr. N.S. Laskar, learned counsel for the opposite
parties/petitioners in WP(C) No.6347/2024 and Mr.HRA Choudhury, learned Senior
Counsel assisted by Mr. AHMR Choudhury, learned counsel for the opposite
parties/petitioners in WP(C) No.5631/2024, WP(C) No.5751/2024 and WP(C)
No.5984/2024. Also heard Mr. Devajit Saikia, learned Advocate General, Assam
assisted by Mr. K. Konwar, learned Additional Advocate General, Assam for the
applicants/respondents in I.A.(Civil) NO.20/2025 and Mr. R. Dubey, learned
Standing Counsel, State Election Commission for the applicants/respondents in
I.A.(Civil) No.30/2025.
2] WP(C) No.5346/2024, WP(C) No. 5613,/2024, WP(C) No 5631/2024. WP(C)
No. 5664/2024, WP(C) No. 5706/2024, WP(C) No. 5751/2024, WP(C) No.
5771/2024, WP(C) No. 5984/2024 & WP(C) No. 6347 of 2024 are filed by the
petitioners putting to challenge the final delimitation notice issued by the
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Additional Chief Secretary, Government of Assam, Panchayat and Rural
Development Department in respect of the delimitation of Gaon Panchayats and
the delimitation process undertaken for the delimitation of the Panchayats under
the Assam Panchayat Act, 1994 as amended. The case projected before this
Court on behalf of the petitioners is that pursuant to the Cabinet decision held
on 19.06.2024, the Governor of Assam by the notification dated 03.08.2024 was
pleased to notify the Standard Operating Procedure (SOP) to be followed for
delimitation of Gaon Panchayat, Anchalik Panchayat and Zila Parishad
Constituency of Assam. The objective of the SOP is to ensure a systematic and
efficient process of delimitation to be followed by the District Delimitation
Commission constituted as per Section 3A of the Assam Panchayat Act, 1994.
However, the respondent authorities in complete violation of the provisions of
the Assam Panchayat Act, 1994, more particularly, Section 5(1) read with the
Assam Panchayat (Constitution) Rules, 1995 proceeded for delimitation of the
Panchayat Constituencies. The process undertaken besides being violative of the
provisions of the Assam Panchayat Act and the Rules was also violative of the
SOP dated 19.07.2024. Being aggrieved, the writ petitions have been filed
putting to challenge the delimitation undertaken for the Gaon Panchayat
Constituencies with a prayer for setting aside the final delimitation list in respect
of the concerned Gaon Panchayats under the concerned Assembly Constituency
qua the writ petitioners. A prayer for interim was also sought for to stay the
delimitation process of the Gaon Panchayats during the pendency of the writ
petitions.
3] As is revealed from the order-sheet, this Court earlier by order dated
28.10.2024, at the request of the learned Advocate General, Assam granted
time to the State respondents to file a short affidavit and also allowed the
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petitioners to file necessary reply affidavit, if so advised.
4] It is further seen from the order sheet that learned Senior Counsel for the
petitioners advanced his submissions on 05.11.2024 and again on 07.11.2024.
Thereafter, by order dated 11.11.2024 this Court issued Notice making it
Returnable on 20.11.2024. When the matter was listed again on 29.11.2024, on
the request of the counsel representing the State respondents further time was
granted enabling them to file proper affidavit. Mr. K. Konwar, learned Additional
Advocate General, Assam submitted before the Court that no notification will be
issued within 2 (two) weeks. In view of such statements and assurance given by
the learned Additional Advocate General, Assam, before this Court, the matter was
deferred. Thereafter, on 17.12.2024 when the matter was listed again, learned
Additional Advocate General, Assam submitted that the State has filed the counter
affidavit during the course of the day. On such submissions made, the learned
counsel for the writ petitioners submitted that they did not receive any copies and
therefore, required some time to complete their instructions on this affidavit stated
to have been filed by the State. The Additional Advocate General, Assam as well as
the learned Standing Counsel appearing for the State Election Commission further
submitted that the notification for election is likely to be issued by the State
Election Commission and the process is underway and the electoral rolls are being
presently finalized and once the process is over the election notification will be
issued. In view of such submissions made by the respondents counsel, this Court
was of the view that since the matter required urgent hearing and therefore,
directed the matter to be listed on 09.01.2025 and until then, the respondents
were directed not to issue any notification without the leave of the Court as the
matter is pending for disposal before this Court.
5] In view of the order date 17.12.2024 restraining the respondents to issue any
notification without the leave of the Court, an Interlocutory Application each was
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filed in all the 9 (nine) writ petitions on behalf of the State Government as well as
the State Election Commission seeking leave of the Court to publish the notification
in respect of the other Gaon Panchayats where the interim order passed on
17.12.2024 is not applicable. The State respondents as well as the State Election
Commission further prayed for clarification that the order dated 17.12.2024 passed
in WP(C) No.5346/2024, WP(C) No. 5613,/2024, WP(C) No 5631/2024. WP(C) No.
5664/2024, WP(C) No. 5706/2024, WP(C) No. 5751/2024, WP(C) No. 5771/2024,
WP(C) No. 5984/2024 & WP(C) No. 6347 of 2024 is applicable only to these writ
petitions and the State Authorities be permitted to proceed for publication of the
Election Notification in respect of the other Panchayat Constituencies to which this
order is not applicable.
6] These Interlocutory Applications were filed and listed before the Court on
03.01.2025 and learned Advocate General as well as learned counsel for the State
Election Commission sought for a clarification from this Court in respect of the
interim orders dated 17.12.2024 that it is operative only in respect of the 9 (nine)
writ petitions. Submissions made by the learned Advocate General, Assam was
strongly opposed by the learned counsel for the petitioners who submitted that
where otherwise in the writ petitions, the returnable date was 09.01.2025, prayer
made in these applications seeking clarification and listed before the Court on
03.01.2025 ought not to be allowed without giving an opportunity to the
petitioners to complete their instructions and respond to the contentions made
therein by the State and the Election Commission. The petitioners submitted that
since the matters were already fixed on 09.01.2025, the Interlocutory Applications
should also be listed on 09.01.2025 and thereafter effective order as deemed fit
and proper may be passed by this Court.
7] However, in view of the urgency expressed by the learned Advocate General,
Assam and learned Standing Counsel, State Election Commission this Court
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considered it appropriate to have the matters listed again on 06.01.2025.
8] Learned counsel for the petitioners addressed the Court on 06.01.2025,
08.01.2025 as well as 10.01.2025. The Advocate General, Assam as well as the
learned Standing Counsel, State Election Commission addressed the Court on
08.01.2025 and 10.01.2025.
9] At the outset it has to be clarified that the order dated 17.12.2024 passed by
this Court in the 9 (nine)writ petitions are applicable only to the petitioners therein.
However, since several other writ petitions in the meantime have been filed, it was
necessary to examine, at least prima facie whether any interim orders are called
for in other writ petitions pending. It is also made clear that the Interlocutory
applications filed by the State respondents as well as the State Election
Commission are only to the extent of seeking liberty for publication of the
delimitation notification for conducting Panchayat elections. There is no prayer for
vacating/modification or alteration of the order dated 17.12.2024 passed in 9 (nine)
writ petitions.
10] Mr. K.P. Pathak, learned Senior Counsel for the petitioners appearing in
No.5346/2024, WP(C) No.5613/2024 and WP(C) No.5706/2024 has questioned
the delimitation process on the ground that pursuant to amendment carried out in
Section 5 of the Panchayat Act, 1994 no consequential amendment has been
carried out in Rule 6 of the Assam Panchayat (Constitution) Rules, 1995. He
therefore submits that in order to carry out the provisions of the Assam Panchayat
Act, 1994 the Government is required to make appropriate rules as required under
Section 141 of the said Act. However, as it is stands today there is an apparent
conflict between the Section 5 of the Act, 1994 and Rule 6 of the Rules of 1995. He
submits that the Rules have not been amended/altered pursuant to amendment of
Section 5 of the Panchayat Act, 1994 in order to carry out the provisions of
Page No.# 45/58
amended Section 5. His further argues that the SOP dated 19.07.2024cannot be
treated to be a substitute for Rule 6 of the Assam Panchayat (Constitution) Rules,
1995. It is further submitted that the Constitution of delimitation Commission which
is an independent body was never notified. His further submission is that the
exercise mandated under Section 5 (1) proviso of categorizing of districts based on
population, density or any other relevant factors is to be undertaken before
initiating the process for delimitation of the Panchayat Constituencies. Under
proviso to Section 5(1), the Districts are to be categorised under three categories
namely:(a) Category ‘A’ district having higher population density shall have Gaon
Panchayats with a population range from 10200 to 13800, (b) Category ‘B’
district having medium population density shall have Gaon Panchayats with a
population range from 8500 to 11500, and (c) Category ‘C’ district having lower
population density shall have Gaon Panchayats with a population range from
6000 to 9200, were also not undertaken prior to proceeding with the delimitation
exercise. He further submits that there is no bar for this Court at present to
undertake judicial review of the challenges made in this writ petition as no election
process has been put to question before the Court. Therefore, Bar under Article
243-O of the Constitution of India will not apply. Similarly, the bar prescribed under
Section 129 of the Panchayat Act, 1994 will also not be applicable at this stage. In
support of his contentions he has referred to the judgment of the Apex Court
rendered in Kishorchandra Chhanganlal Rathod vs Union of India decided on
23.07.2024 in Civil Appeal No.7930/2024 and Dravida Munnetra Kazhagam
(DMK)vs. Secretary Governor Secretariat reported in (2020) 6 SCC 548, where the
Apex Court has clarified that where necessary the Constitutional Court can certainly
exercise the power of judicial review within the limited sphere at an appropriate
stage.
11] It is also his submission that the Section 3A of the Panchayat Act, 1994
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mandates constitution of the District Delimitation Commission comprising of the
following members, namely, the District Commissioner – Chairman, the Chief
Executive Officer of Zilla Parishad – Member Secretary and the Election Officer-
Member. However, contrary to the provisions of Section 3A of the Act of 1994, the
draft delimitation was carried out by other officers of the State Government like the
election Officer, BDO, Circle Officer CEO Zila Prarishad who is contrary to the
mandate of Section 3A. It is further submitted that final delimitation was carried
out again contrary to the provisions of Section 3A and was issued by the Additional
Chief Secretary to the Government of Assam P&RD. In view of such submissions, it
is prayed that the matter requires scrutiny by this Court and therefore, adequate
interim orders are called for in the meantime during the pendency of the said writ
petitions.
12] Mr. H.R.A. Choudhury, learned Senior Counsel for the opposite
parties/petitioners in WP(C) No.5631/2024, WP(C) No.5751/2024 and WP(C)
No.5984/2024 submits that the mandate of Article 243E of the Constitution of
India is to hold election prior to expiry of the term the Panchayat. The term was
over in the year 2024 and therefore, the urgency expressed by the respondents for
carrying out the election process is totally not germane. He also submits that
categorization as mandated under Section 5 (1) on the basis of the population was
never done and no notification to that effect was issued. Unless this categorisation
is made, there is no clarity as to how the delimitation process was carried out. He
therefore submits that he supports the contentions urged by Mr. K.P. Pathak,
learned Senior Counsel and therefore submits that where one Panchayat gets
affected because of delimitation process carried out without adherence to the Rules
and Procedures prescribed, it will obviously have a cascading effect on all the
Panchayats. He therefore submits that the matter requires scrutiny by this Court
and therefore, adequate interim orders are called for duing the pendency of the
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matters.
13] Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr.A.K. Talukdar,
learned counsel for the opposite parties/petitioners in WP(C) No.5771/2024 and
WP(C) no.48/2025 submits that there is no dispute on the powers of the State for
delimitation of Panchayat Constituencies. The question is how the decision has
been arrived at. As has been held by the Apex Court in Dravida Munnetra
Kazhagam (DMK) (supra), it is open to a writ Court to scrutiny the decision making
process and therefore, in a given matter the Court can always scrutinize the
decision making process and pass appropriate orders in order to uphold the
constitution mandate. Referring to the SOP dated 19.07.2024 he submits that there
is no bifurcation contemplated of any census or revenue village under Clause 4
(viii). However, in the present case, the respondents have flouted their own SOP
and has proceeded to bifurcate several census or revenue villages. The delimitation
process in terms of the SOP can only be undertaken in conformity with Clause-I (iii)
of the SOP. The SOP dated 19.07.2024 issued by the Government clearly lays down
the entire process as to how the delimitation process is to be carried out and how
the draft proposal are to be notified and the final order to be published.
Notwithstanding such prescription in the SOP, this notification was never gazetted.
Consequently, the people concerned who are affected could not represent or
ventilate their grievances before the competent Authority. Referring to a map
enclosed to the writ petition, learned Senior Counsel attempted to demonstrate as
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to how the villages were segregated from the Gaon Panchayat Office requiring the
people of the Gaon Panchayat to undertake arduous journey to the Gaon Panchayat
Offices for any work relating to Panchayats. He has pressed into service the judgment
of the Apex Court rendered in B.K. Srinivasan & Others vs. State of Karnataka &
Others reported in (1987) 1 SCC 658 to submit that Sub-ordinate Legislation in order
to take effect must be published and promulgated in some suitable manner whether
such publication or promulgation is prescribed by the parent statute or not. Referring
to Mrs. Maneka Gandhi vs. Union of India & Another reported in (1978) 1 SCC 248, he
submits that merely because a statutory provision empowering an authority to take
action in specified circumstances is constitutionally valid as not being in conflict with
any fundamental rights, it does not give a carte blanche to the authority to make any
such order it likes so long as it is within the parameters laid down by the statutory
provisions. He therefore submits that while there is no dispute that the Government
has the power to proceed for delimitation of Panchayat villages, the same will have to
be tested on the touchstone of the procedure prescribed and mandated by law.
14] Mr. Devajit Saikia, learned Advocate General on the other hand strongly
disputes the contentions raised by the petitioner’s counsel. He questions the
maintainability of the writ petition being WP(C) 48 of 2025 as the same is filed by
“Nagarik Adhikaar Suraksha Mancho” and which “Mancho” cannot have any
fundamental rights. He further submits that this matter being brought up before the
Court in production list he is not posted with the proper instructions and the matter be
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taken up at later stage permitting the respondents to file detailed affidavit in respect
of the facts pleaded in the writ petition and also the question of maintainability be
kept open.
15] He submits that from perusal of the writ petition it is seen that there are
several grievances are urged and clubbed together in the same writ petitions which
cannot be permitted as each of these grievances will rise to different causes of action.
This writ petition therefore is not maintainable as it does not give rise to any specific
grievance. In support of contention, he has referred to the judgment of this Court
rendered in Rangapara Development Circle vs. State of Assam & Others, 2007 (3) GLR
805 to submit that writ petition filed by NGO which is an unregistered association is
not juristic person in the eyes of law and is therefore not maintainable.
16] He further submits that the constitutional mandate in respect of election of
Panchayats mandated under the Constitution has to be carried out as per the
prescription of Article 243 E of the Constitution of India. The term of Panchayat is for
five years from the date of appointment for its first meeting and no longer. Therefore,
an election to constitute a Panchayat shall be completed before expiry of the duration
specified under Article 243E. Referring to the Judgment of Suresh Mahajan vs. the
State of Madhya Pradesh & Another reported in 2022 SCC OnLine SC 589, he submits
that the Apex Court, in respect of Municipal Election, held that holding of elections
within the time frame prescribed under the Constitution is mandatory. The ongoing
activity of delimitation and formation of works held cannot stand in the way of timely
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holding of elections and the mandatory timelines cannot be relaxed for any other
reasons. He therefore, submits that although this judgment is in respect of the
Municipal Elections, however, the provisions pertaining to the Municipal Election and
the Panchayat under the Constitution of India being peri materia the ratio of this
judgment is squarely applicable to the present proceedings. The State Authorities
must be permitted to proceed with the election as prescribed under the Constitution
and any such delimitation process or formation of the works will not stand in the way
of permitting the state to complete the elections in a timely manner. He refers to
another judgment of the Constitution Bench of this Court rendered in Kishan Singh
Tomar vs. Municipal Corporation of the City Ahmedabad reported in (2006) 8 SCC 352,
where the Apex Court held that the State Election Commission must take all steps to
ensure the election is completed within the time limit prescribed under the
Constitution. State Election Commission is to function independently of the State
Government. The fact that certain claims or objections are pending and are not finally
disposed of while preparing the electoral rolls or even assuming that they are not filed
in accordance with the law, as such, cannot arrest the process of election. He also
refers to an order passed by the Apex Court in WP(C) No. 51 of 2023 where the
delimitation process of the Parliamentary and Assembly Election in the State of Assam
was put to challenge and the Apex Court by order dated 24.07.2023 although
admitted the matter for further scrutiny, declined to pass any interim orders
interdicting the Election Commission from taking further steps towards holding of the
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election. He therefore submits that in all matters where counter affidavit by the State
has not been filed, the State should be permitted to do so and the leave prayed for in
the Interlocutory Application’s filed by the State and State Election Commission should
granted. No further interim order is respect of the other writ petitions are called for as
it will frustrate the steps undertaken to hold the Panchayat election in terms of the
Constitutional mandate.
17] Referring to the contentions of the petitioners that the categorization under
Section 5(1) was not carried out by the State, prior to delimitation process, he further
submits that the categorization is prescribed under the proviso to Section 5(1). Section
5(1) proceeds on the premise that the “State Government may” by notification declare
any local area but the proviso although prescribes the State Government shall declare
three categories of district based on population, the word “shall” will have to be read
as “may” since the proviso will not govern the parent section. In support of his
contentions he has relied upon the judgment rendered in Adani Gas Ltd. vs. Union of
India and Others reported in (2022) 5 SCC 210. He further submits that a detailed
affidavit will have to be filed by the State in this matter as the State is not posted with
proper instructions at this stage.
18] In rejoinder Mr. K.P. Pathak, learned Senior Counsel disputes the interpretation
sought to be given by the respondent that under Section 5(1) since it is only proviso
which contains the word “shall” and parent section contains the word “may”, the
proviso shall be read as “may”. He submits such interpretation, if permitted, will be in
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conflict with the basic rules of statutory interpretations. In support of his contentions
Mr. K.P. Pathak has referred to the judgment of the Apex Court rendered in S.
Sundaram Pillai and Ors. reported in 1985 1 SCC 591.
19] Mr. A.K. Talukdar, learned counsel appearing also submitted in rejoinder on
behalf of writ petitioner in WP(C) 48/2025 that their locus standi cannot be questioned
at this stage as notwithstanding it is the “Morcha”which has filed the writ petition, but,
it is comprised of persons who are ultimately affected by the process of delimitation
undertaken by the State. It is submitted that the number of Panchayats have been
reduced in the districts and no notification was issued in any local dailies or in the ZPC
offices or Ancholik Panchayat or Gaon Panchayat Offices. The mandatory consultation
as prescribed under Section 5(2) of the Panchayat Act was also not followed.
Therefore, the delimitation process in the present form cannot be permitted to be
carried on.
20] Mr. R. Dubey, learned Standing Counsel for the Election Commission relies on
the submissions made by the learned Advocate General. He submits that the State
Election Commission has undertaken all steps necessary to undertake the Panchayat
Elections and any further delay will derail the entire process.
21] After carefully noting the submissions made by the learned counsel for the
parties what is seen is that there is no dispute at the bar regarding the powers
prescribed under Section 5(2) of the Panchayat Act for including or excluding any
village or any local area or otherwise from the limit of any village. Section 5(2) of
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Panchayat Act, 1994 empowers the Government by issuance of notification to include
within or exclude from any village or any local area or otherwise from the limit of any
village or declare any local area to seize to be a village. There is no challenge made to
this power. The grievance largely is that this delimitation process was initiated without
the consultation as is required and in violation of the SOP dated 19.07.2024. There is
also no dispute that under Article 243-E of the Constitution of India every panchayat
unless are notdissolved under any law for the time limit force, shall continue for five
years from the date appointed for its first meeting. Therefore, the Constitutional
mandate is that the Elections to a panchayat are be held prior to expiry of the term of
the Panchayat which is for five (5) years. In most of the Panchayats if not all, in
the State of Assam, their term is over and the Government had appointed the
authorized officer to run the Panchayats till new members are elected by way of
the election prescribed.
22] The “State Government” has been defined under the Panchayat Act under
Section 2(33) to be the Government in the Panchayat and Rural Development
Department, Assam for the purposes of this Act. Section 6 of the Panchayat Act,
1994 specifically lays down that there shall be ten (10) members who are to be
directly elected by the voters in each territorial constituencies of the Gaon
Panchayat. As such for the purposes of the Assam Panchayat Act, 1994, the
number of members to be elected in each Gaon Panchayat is fixed under
Section 6 irrespective of the size of the population. Therefore, even when the
Government proceeds to categorize the Districts on the basis of population
density under Section 5(1), the number of persons to be elected to the
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Panchayat will remain the same as prescribed under Section 6. In so far as the
conflict between Section 5(1) pursuant to its amendment in the statute and Rule
6 of the Panchayat Constitution Rules, it has been reiterated by the Apex Court
in several Judgments that where there is a conflict between the Rules and the
Act, provisions of the Act will prevail and further in the absence of any specific
Rule, the same can be supplementedby executive instructions.
23] Although several grievances are being raised before this Court that the
notification for delimitation was not published, during the course of the hearing,
learned Advocate General has placed before the Court, a copy of the notification
stating that the same was duly published. There is no dispute that size of the
Gaon Panchayat, Anchalik Panchayat and Zilla Parishad Constituencies can be
undertaken by the District Delimitation Commission under Section 3A of the Act
of 1994. The basic grievance urged by the cross-section of the writ petitioners
are the difficulties and the hardships likely to be faced in the event the
delimitation process is permitted as some of the villages have been placed
several kilometers from the Gaon Panchayat Offices thereby causing difficulty to
the villagers who are members of the said Panchayat in carrying out their day to
day activities in respect of any panchayat work. From the arguments rendered
on behalf of the writ petitioners, no specific submissions are made that their
statutory rights under the Panchayat Act, 1994 read with the Rules have been
denied.
24] On the other hand as have been discussed, the Constitutional mandate of
the duration of the Panchayat as prescribed under Article 243E is for five (5)
years from the date appointed on its first meeting and no longer.
25] The Apex Court has clearly held in Kishansing Tomar v. Municipal
Corporation of the city of Ahemdabad & Ors reported in (2006) 8 SCC 352 that
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election must be conducted within the time frame prescribed under the
Constitution. In the context of the duty cast on the State Election Commission
to conduct election in the timeframe prescribed. In respect of the Elections to
local bodies, Apex Court held that it is the Constitutional duly cast upon the
State Election Commission to ensure timely conduct of election not only to
Municipal Bodies but also in respect of Panchayats. The Apex Court held that the
State Election Commission shall not put forward any excuse based on
unreasonable grounds that the election could not be completed in time. The
Election Commission shall try to complete the election before the expiration of
the duration of five years’ period as stipulated and not yield to situations that
may be created by vested interests to postpone elections from being held within
the stipulated time. Any revision of electoral rolls shall be carried out in time and
if it cannot be carried out within a reasonable time, the election has to be
conducted on the basis of the then existing electoral rolls.
26] Similarly in Suresh Mahajan (Supra), the Apex Court in the context of
elections to local bodies held that neither the State Election Commission nor the
State Government or for that matter the State Legislature including Supreme
Court in exercise of powers under Article 142 of the Constitution can
countenance dispensation to the Constitutional mandate of conducting elections
within the timeframe prescribed. Ongoing activity of delimitation or formation of
wards cannot be a legitimate ground to set forth by any authority much less the
State Election Commission – to not discharge its constitutional obligation in
notifying the election programme at the opportune time and to ensure that the
elected body is installed before the expiry of 5 (five) years term of the outgoing
elected body.
27] Although violation of Fundamental Rights was urged by the petitioners but
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no specific instance has been pointed out to show as to how the Fundamental
Rights of the writ petitioners have been violated. It is trite to mention here that
in Jyoti Basu Vs Devi Ghosal, reported in (1982) 1 SCC 691, the Apex Court had
long held that the right to elect, to be elected or to dispute an election are
neither fundamental rights nor common law rights but are simply statutory
rights and therefore are subject to statutory limitations. Although this
Judgment was rendered in the context of an election petition questioning the
election under representation of people’s act, the fact remains that the
petitioners have not pleaded as to how the re-organization of the villages under
the Gaon Panchayats have deprived them of their right to vote or stand in the
Panchayat Election or has in any way infringed on their fundamental rights.
28] As discussed above, the petitioners were heard on the question of
extension of the interim orders which in respect of all the writ petitions as was
granted in the 9 (nine) Writ Petitions being WP(C) No.5346/2024, WP(C) No.
5613,/2024, WP(C) No 5631/2024. WP(C) No. 5664/2024, WP(C) No. 5706/2024,
WP(C) No. 5751/2024, WP(C) No. 5771/2024, WP(C) No. 5984/2024 & WP(C) No.
6347 of 2024. From the discussions above, and keeping in view of the
Constitutional Mandate and the law laid down by the Apex Court in this regard
as discussed above, this Court is of the prima facie view that the process of
election contemplated by the State and other Constitutional authorities should
not be interdicted at this stage while however keeping the question of law open
to be urged before this Court appropriately.
29] Under such circumstances, this Court is prima facie of the view that the
interim protection granted in the nine (9) writ petitions cannot be extended in
respect of all the other writ petitions in the absence of specific facts being
pleaded and countered by the State respondents. Even during the course of the
Page No.# 57/58
hearing, several fresh writ petitions were filed raising similar issues. All these
writ petitions will have to be heard upon the pleadings being completed as it
involves several questions of facts. Without the pleadings being complete and in
the absence of counter affidavits filed by the respondents, the questions of law
which has been urged, cannot be decided as they stem from a whole gamut of
factual details concerning individual villages under various Gaon Panchayats. As
such, in the absence of such specific particulars, extension of Interim order at
this stage to other pending writ petitions is not called for. The view expressed
by this Court in this order is only for the purposes of addressing the question
whether any interim order is called for in these matters at this stage.
30] In so far as the nine (9) writ petitions are concerned, ordinarily, in view of
the discussions above, this Court would not have been inclined to extend the
interim order passed on 17.12.2024. However, in view of the specific prayer
made by learned Advocate General, Assam and learned Standing Counsel, State
Election Commission on behalf of the State that this interim order passed on
17.12.2024 be restricted to only these nine (9) writ petitions and leave be
granted to the State to proceed for publication of the notification for conducting
the Panchayat Election. This Court clarifies that the order dated 17.12.2024
passed in these nine (9) writ petitions will be applicable only to the petitioners
in these nine (9) writ petitions. No benefit of the interim order is extended to
the other writ petitions at this stage.
31] While there is no quarrel with the law laid down by the Apex Court that
the bar is prescribed under Article 243-O of the Constitution of India, this Court
has respectfully accepts the decision of the Apex Court rendered in State of Goa
Vs. Fouziya Imtiaz Shaikh in Civil Appeal No.882/2021 [SLP(Civil) No.3937/2021]
and reiterated in Kishorchandra Chhanganlal Rathod (supra) that if an order
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passed by the District Delimitation Commission is found to be manifest the
arbitrary and irreconcilable to the Constitutional values, the Court can grant the
appropriate remedy to rectify the situation. However, any such order can only be
passed once the complete facts are before the Court after exchange of
pleadings.
32] Accordingly, Interlocutory Applications stand disposed of in terms of the
above.
33] As discussed above, WP(C) No.48/2025 was listed before the Court in the
production list during the course of hearing of the Panchayat Election series
matters being WP(C) No.6413/2024 & Ors. Since this is a fresh matter, let notice
be issued, returnable on 29.01.2025.
Mr. K. Konwar, learned Additional Advocate General, Assam accepts notice
on behalf of the respondent nos. 1 to 5 and Mr. R. Dubey, learned Standing
Counsel, Election Commission accepts notice on behalf of the respondent nos. 6
& 7.
Since all the respondents are represented by their respective counsel,
Notices are waived. However, extra copies, if already not furnished, be furnished
to them within 7 (seven) working days from today.
Notice also on the interim prayer, returnable on 29.01.2025.
34] List WP(C) No.48/2025 on 29.01.2025.
JUDGE
Comparing Assistant
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