Page No.# 1/5 GAHC010168382025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4271/2025 SRI SRI BATADRAVA THAN PARICHALANA SAMITEE BATADRAVA ALIPUKHURI, MOUZA BATADRAVA, PS BATADRAVA, DIST NAGAON, ASSAM 782122 REP BY ITS SECRETARY SRI GANESH BORA, AGED ABOUT 57 YEARS, SRI SRI BATADRAVA THAN PARICHALANA SAMITEE ADHOC, BATADRAVA ALIPUKHURI, MOUZA BATADRAVA, PS BATADRAVA, DIST NAGAON, ASSAM 782122 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE DISTRICT COMMISSIONER, DEPUTY COMMISISONER,NAGAON ASSAM, THROUGH THE SENIOR GOVERNMENT ADVOCATE GUAHATI HIGH COURT, GUWAHATI ASSAM 782001 2:THE DISTRICT COMMISSIONER NAGAON ASSAM 782001 3:THE ADDL. DISTRICT COMMISSIONER NAGAON ASSAM 78200 Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate), MR S GAUTAM,MS N BEGUM,MR. K M MAHANTA Advocate for the Respondent : GA, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 11.08.2025 Considering the facts and circumstances and also the observations made by the Hon’ble Supreme Court in the order dated 13.05.2025, the present writ petition is taken up for consideration at the motion stage itself. It may however be mentioned that this matter was taken up on earlier two occasion i.e., 30.07.2025 and 04.08.2025 to facilitate the learned State Counsel to have the instructions, which he has accordingly done. 2. The challenge in this writ petition instituted by Sri Sri Batadrava Than Parichalana Samittee (Ad Hoc) represented by Shri Ganesh Bora, who claims to be I/C Secretary is against a communication dated 23.07.2025 issued by the Additional District Commissioner, Nagaon whereby the general meeting of the Sri Sri Batadrava Than Parichalana Samittee which was scheduled on 26.07.2025 was deferred on apprehension of breach of peace, tranquility and public order. Though there is a chequered history leading to filing of the present writ petition, without going into the same in details, this Court has been apprised that the Hon’ble Supreme Court in the aforesaid order dated 13.05.2025 passed in Special Leave to Appeal (C) No(s).13192/2025 has made an observation that the elections are to be held within a period of 3(three) months. For ready reference, the aforesaid observation is extracted hereinbelow- “However, the statements made by the learned senior counsel appearing for the contesting respondent that the elections would be held within a period of three months from today, stands recorded.” 3. I have heard Ms. N. Begum, learned counsel for the petitioner. I have also heard Shri N. Goswami, learned State Counsel for the official respondents. Page No.# 3/5 4. Ms. Begum, learned counsel for the petitioner has submitted that the concern of her client is to have the election of the Samittee within the period prescribed. She has also criticized the impugned order dated 23.07.2025 and has submitted that there has been unnecessary postponement of the meeting which was earlier scheduled on 26.07.2025. 5. Shri Goswami, learned State Counsel, by referring to the written instructions dated 08.08.2025, has however raised a question of locus of the petitioner which has claimed itself to be an Ad Hoc Committee to institute the present writ petition. He has submitted that the earlier General Secretary and President had in fact lodged an FIR against Shri Ganesh Bora, who claims to be the I/C Secretary of the Samittee in the Batadrava Police Station. He has also submitted that the complaints have been raised on the issue of unauthorized and unilateral decision taken by Shri Ganesh Bora to convene the meeting in violation of the established norms. 6. The submissions advanced have been duly considered. 7. The allegations and counter allegations which have been raised are not necessary to be gone into by this Court in view of the fact that the Hon’ble Supreme Court, in the aforesaid direction dated 13.05.2025 had recorded the observation that the meeting would be held within a period of 3(three) months and the concern of this Court is to ensure that such observation is complied with. In fact, when this matter was taken up on the earlier two occasions i.e., 30.07.2025 and 04.08.2025, the learned State Counsel was directed to obtain instructions on the steps taken and also to file an affidavit with regard to the authority of the petitioner. Though no affidavit as such has been filed, the learned State Counsel has categorically submitted that Shri Ganesh Bora does not have the authority to represent the Samittee. The aforesaid contentions Page No.# 4/5 have however been refuted by the learned counsel for the petitioner. 8. It is to be noted that the petitioner is an Ad hoc Committee represented by Shri Ganesh Bora, who claims to be the I/C Secretary. This Court has also noted that the set of lawyers representing the petitioner in the present writ petition was the same which represented the respondents before the Hon’ble Supreme Court. 9. As mentioned above, without going into the aspect of the authority of the petitioner and the objection raised regarding his locus, taking into consideration the observation made by the Hon’ble Supreme Court, this Court is of the opinion that the meeting of the Samittee to hold the election is to be done most expeditiously and within the time stipulated. This Court has noticed that the written instructions which have been placed on record contain a letter dated 08.08.2025 issued by the Additional District Commissioner, Nagaon to the President / General Secretary of the Samittee directing holding of the meeting in accordance with the observation made by the Hon’ble Supreme Court. The Samittee has however responded by a letter dated 09.08.2025 stating that in view of the auspicious Bhado month in which the Than would remain pre- occupied by religious functions, the meeting may be held after expiry of the said month. 10. Though the aforesaid view has been expressed by the Samittee, taking into consideration the observation made by the Hon’ble Supreme Court, this Court is of the opinion that a direction is required to be issued to the District Commissioner, Nagaon to take all steps for holding the meeting at the earliest. As the period of 3(three) months would expire shortly, the District Commissioner, Nagaon is directed to take all necessary steps and hold the meeting immediately. Page No.# 5/5 11. It is needless to state that the District Commissioner, Nagaon would exercise his authority to ensure that the meeting and the election are held strictly in accordance with law. 12. The writ petition accordingly stands disposed of. 13. Let a copy of this order be furnished to the learned State Counsel during the course of the day for doing the needful. 14. The written instructions dated 08.08.2025 placed before this Court along with the enclosures be made part of the records. JUDGE Comparing Assistant