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2025 DAILYLAW 13591 (GAU)

MD. MATIBUR RAHMAN v. MD. NABI HUSSAIN AND 4 ORS

WP(C)/4102/2022 · 2025-03-20

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010119582022 2024:GAU-AS:5203 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4102/2022 MD. MATIBUR RAHMAN S/O- LATE MUSLIM UDDIN OF VILL- DAKHIN KALADUBA, P.S. JURIA, DIST.- NAGAON, ASSAM. PIN- 782124. VERSUS MD. NABI HUSSAIN AND 4 ORS S/O- LATE SAMSUDDIN, R/O- UTTAR KALADUBA, P.S. JURIA, DISTRICT- NAGAON, ASSAM, PIN- 782124. 2:DEPUTY COMMISSIONER-CUM-RETURNING OFFICER NAGAON DISTRICT- NAGAON ASSAM. 3:DULAL DEBNATH ADDITIONAL DEPUTY COMMISSIONER NAGAON CUM- IN- CHARGE PANCHAYAT ELECTION OF 55 NO. JENGONI KALADUBA GAON PANCHAYAT DISTRICT- NAGAON ASSAM. 4:TAHARUN NESSA W/O- IKRAMUL HUSSAIN VILL. JENGONI MOUZA- ALITANGONI P/S- DHING DIST.- NAGAON ASSAM. Page No.# 2/3 5:MUSTAKIM ALOM S/O- ABDUL MUNNAF R/O- DAKHIN KALADUBA MOUZA- ALITANGONI P/S- JURIA DIST.- NAGAON ASSAM Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MS. L WAJEEDA,MR. N ISLAM,MR. M H SAIKIA Advocate for the Respondent : GA, ASSAM, MR. A Y CHOUDHURY (R-5),MR. T A CHOUDHURY (R-5),MS S Z HAYAT (R-4),FOR CAVEATOR,M ALOM,MR. A AHMED,MR K U AHMED,MRS. S Y AHMED,MR. M K HUSSAIN BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 21-03-2025 1. By filing this writ petition, the judgment and order dated 04.06.2022 passed by the District Judge-cum-Chairman, Panchayat Election Tribunal, Nagaon in connection with Election Petition No. 01(N)/2019, has been put to challenge, inter alia, on the ground that the findings and conclusions arrived at by the learned Tribunal are perverse in the eye of law. 2. It is submitted by the learned counsel for the respondents that the tenure of the aforesaid Panchayat, has, in the meantime, expired in the month of December, 2023. 3. Be that as it may, due to continuous non-representation of the petitioner, by order dated 03.06.2024, the matter was dismissed for non-prosecution. However, considering that on that day, i.e., on 03.06.2024, there was unprecedented heavy rain, therefore, the learned counsel for the petitioner could not appear before the Court, by order dated Page No.# 3/3 17.09.2024, the writ petition was restored. Subsequently, the petitioner was asked to correct the cause title, in view of the change in situation. However, Office Note dated 11.03.2025 discloses that the petitioner has not submitted any amended cause title. 4. None appears for the petitioner on call today, though the names of four counsels for him have been reflected in the cause list. 5. Considering the aforesaid, this writ petition stands dismissed for non-prosecution. JUDGE Comparing Assistant