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2025 DAILYLAW 18107 (GAU)

HAGRAMA MOHILARY AND 3 ORS. v. PRAMOD BORO AND 21 ORS.

WP(C)/5650/2020 · 2025-06-22

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010189182020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5650/2020 HAGRAMA MOHILARY AND 3 ORS. SON OF LATE MAHESWAR MOHILARY, RESIDENT OF GOIBARI, RANGALIKHATA, DEBARGAON, KOKRAJHAR, ASSAM. 2: PANI RAM BRAHMA SON OF LATE GAJEN BRAHMA RESIDENT OF VILLAGE SOUTH KAJALGAON P.O SHIMLAGURI DIST CHIRANG ASSAM. 3: JAMES BASUMATARY SON OF LATE JOGENDRA BASUMATARY RESIDENT OF VILLAGE KHUNGKHRAJHORA P.O- KHUNGKHRAJHORA P.S- AMGURI DIST- CHIRANG ASSAM. 4: PRABHAT BASUMATARY SON OF LATE AREN BASUMATARY RESIDENT OF VILLAGE PACHIM DWISUMGURI P.O- NEHERU BAZAR P.S- AMGURI DIST- CHIRANG ASSAM VERSUS PRAMOD BORO AND 21 ORS. SON OF LATE GHANASYAM BORO, RESIDENT OF VILLAGE SAURAGURI, P.S TAMULPUR, IN THE DISTRICT OF BAKSA, PIN-781367, ASSAM 2:GOBINDA BASUMATARY Page No.# 2/5 SON OF LATE KHANDA BASUMATARI RESIDENT OF VILLAGE ANGRAJULI P.O- BHAIRABKUNDA P.S- UDALGURI DISTRICT-UDALGURI PIN-784513 ASSAM. 3:DIGANTA BARUAH SON OF LATE MEGHNATH BARUAH RESIDENT OF VILLAGE KHAS BOKRAJHAR P.O- TENGABARI P.S- KALAIGAON DISTRICT-UDALGURI PIN-784146 ASSAM. 4:GHANASHYAM DAS SON OF SANESWAR DAS RESIDENT OF VILLAGE AHOPA P.O- AHOPA P.S- MUSHALPUR (BTAD) DISTRICT-BAKSA PIN-781373 ASSAM 5:GAUTAM DAS SON OF SHRI. MODHUSUDAN DAS RESIDENT OF VILLAGE JAKHLIRPAR (JYOTI NAGAR) P.O- SIMLAGURI P.S- GOBARDHANA DISTRICT - BAKSA PIN-781372 ASSAM. 6:THE COMMISSIONER AND SECRETARY TO THE GOVERNOR OF ASSAM RAJ BHAWAN GUWAHATI 781006. 7:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI 781006. 8:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM W.P.T AND B.C. DEPARTMENT Page No.# 3/5 DISPUR GUWAHATI 781006. 9:ASSAM STATE ELECTION COMMISSION DISPUR GUWAHATI-781005 10:CHIEF ELECTROL OFFICE ASSAM STATE ELECTION COMMISSION DISPUR GUWAHATI - 781006. 11:BODOLAND TERRITORIAL COUNCIL REPRESENTED BY PRINCIPAL SECRETARY KOKRAJHAR BODOLAND TERRITORIAL AREA DISTRICTS (BTAD) ASSAM PIN 781256. 12:MADHAV CHANDRA CHETRY THE RESPONDENTS NO. 12 TO 17 THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD KOKRAJHAR 13:SARNA PAWATI DEKA THE RESPONDENTS NO. 12 TO 17 THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHAR 14:WILSON HASDA THE RESPONDENTS NO. 12 TO 17 THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHAR 15:PRADIP KUMAR BAYAN THE RESPONDENTS NO. 12 TO 17 THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHAR 16:HEMANTA KUMAR RABHA THE RESPONDENTS NO. 12 TO 17 THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHAR 17:ARPANA MEDHI THE RESPONDENTS NO. 12 TO 17 THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL Page No.# 4/5 BTAD, KOKRAJHAR 18:KATIRAM BODO THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHAR 19:UKIL MUSHARARY THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHAR 20:RANJIT BASUMATARY THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHAR 21:RANENDRA NARZARY THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHAR 22:ARUP KUMAR DEY THROUGH THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BTAD, KOKRAJHA Advocate for the Petitioner : MR. A KHOUND, MR P BHARDWAJ (P-5,6),MD. R ALI (p-2),MS R A MOSTAFI (p-2),MR. M A I HUSSAIN (p-2),MR. A R BHUYAN (p-2) Advocate for the Respondent : GA, ASSAM, MR. R BAISHYA,MR D K MISHRA,MR. B B NARZARY,MR. N NARZARY,MR. S R RABHA (r-2 to 5,15 to 22),MR. B PRASAD,SC, BTC,SC, WPT AND BC,SC, ASEC BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 23-06-2025 Heard Shri A. R. Bhuyan, learned counsel for the petitioners. Also heard Shri D. Saikia, learned Advocate General, Assam as well as Shri R. Dhar, learned Standing Counsel, Tribal Affairs and Shri S. R. Rabha, learned counsel for the private respondents. Page No.# 5/5 On the last occasion, i.e. on 17.06.2025, the following order was passed: “17.06.2025 Heard Shri AR Bhuyan, learned counsel for the petitioners. Also heard D. Saikia, learned Advocate General, Assam as well as Shri R. Dhar, learned Standing Counsel, Tribal Affairs and Shri SR Rabha, learned counsel for the private respondents. The matter pertains to the constitution of the BTC Council which was in the year 2020. The term of the council is 5 years which is on the verge of expiry and elections are likely to be held in September of this year. Shri Bhuyan, learned counsel for the petitioners has however submitted that he would like to have some instructions with regard to future course of action. Considering the above, the matter is adjourned to be listed on 23.06.2025.” Shri Bhuyan, the learned counsel for the petitioners has however submitted that no complete instructions have been given to him for withdrawal of this matter. Be that as it may, considering that the term of the Council is on the verge of expiry, the adjudication of this issue would only be academic in nature. In that view of the matter, the writ petition is closed. The point of law involved may be raised in an appropriate proceeding. JUDGE Comparing Assistant