Page No.# 1/3 GAHC010079922025 2025:GAU-AS:4628 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2078/2025 JAMAL UDDIN KHAN AND ANR S/O LT. ABDUL JALIL KHAN, VILL- POLASHKANDI, P.O. KAMANDANGA, P.S. TAMARHAT, DIST. DHUBRI, ASSAM. PIN- 783332. 2: TAHER ALI SHEIKH SON OF ANARUDDIN VILL- BHERBHERI P.O. BARJAN P.S. TAMARHAT DIST. DHUBRI ASSAM. PIN-783332 VERSUS THE STATE OF ASSAM AND 5 ORS. TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06 2:THE COMMISSIONER OF PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI GUWAHATI-37. 3:THE ASSAM STATE ELECTION COMMISSION DISPUR GUWAHATI-06. (TO BE REPRESENTED BY THE SECRETARY ASSAM STATE ELECTION COMMISSION DISPUR GUWAHATI-06) 4:THE DISTRICT COMMISSIONER DHUBRI Page No.# 2/3 P.O. AND DIST. DHUBRI ASSAM. PIN-783301. 5:THE DISTRICT ELECTION OFFICER DHUBRI P.O. AND DIST. DHUBRI ASSAM. PIN-783301. 6:THE RETURNING OFFICER C/O DISTRICT COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM. PIN-783301 Advocate for the Petitioner : MR. R ISLAM, T TALUKDAR,MR. A R BHUYAN Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, A S E C BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 11.04.2025 1. Heard Mr. AR Bhuyan, learned counsel for the petitioners. Also heard Mr. R Dubey, learned State Election Commission and Mr. K Konwar, learned Additional Advocate General, Assam. 2. The petitioners are intending to file nomination to contest election as a Member of Ward No. 8, Polashkandi (Ka) under No. 105 Kamandanga Gaon Panchayat, No. 8 Balajan Block, No. 9/16 Sindhurai ZPC and Ward No. 5 Bherbheri village under No. 117 Oxiguri GP, No. 10 Golakganj Block, No. 9/18 Gangadhar ZPC respectively in Dhubri district. The petitioners submit that their nomination papers might be cancelled for reason that they are holders of PDS license. 3. Such apprehension is expressed in view of a communication issued by Food and Civil Supply Department suggesting discouraging public representative from holding a fair price shop license and also recommendation of resignation from Page No.# 3/3 operation of fair price shop before contesting any kind of election. 4. This court is not inclined to entertain such kind of argument at this stage inasmuch as same will amount to adjudicating the issue of acceptance and non- acceptance of nomination papers, which can be subject matter of an Election Petition, in a given case, on the ground of wrong rejection of nomination. 5. In the considered opinion of this court, acceptance and rejection of the nomination papers should be as per procedure and norms laid down in this behalf. 6. Accordingly, the writ petition stands dismissed. JUDGE Comparing Assistant