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2025 DAILYLAW 6085 (GAU)

THE STATE OF ASSAM v. ABDUL AHAD LASKAR

WA/25/2025 · 2025-02-05

Suman Shyam

body2025

Judgment text

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Page No.# 1/22 GAHC010009992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/15/2025 THE STATE OF ASSAM AND ORS REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM DISPUR GUWAHATI- 781006. 2: THE ADDL CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM DISPUR GUWAHATI- 781006. 3: THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI- 781037. 4: THE DISTRICT COMMISSIONER CACHAR CUM CHAIRMAN DELIMITATION COMMISSION FOR ASSAM PANCHAYAT ELECTION P.O AND DIST- 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 BLOCK DEVELOPMENT OFFICER SONAI DEVELOPMENT BLOCK P.O.- SONAI DIST- CACHAR ASSAM PIN-78811 VERSUS ASROF KALAM AZAD LASKAR AND ORS S/O- LATE ASHAB UDDIN LASKAR, R/O- VILLAGE NUTAN RAMNAGAR, PART- IV, P.O- NUTAN RAMNAGAR, P.S- SONAI, DIST- CACHAR, ASSAM, Page No.# 2/22 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- VILL 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-78800 Advocate for the Petitioner : MR S DUTTA, MR. K KONWAR Advocate for the Respondent : SC, A S E C, Linked Case : WA/31/2025 Page No.# 3/22 THE STATE ELECTION COMMISSION REPRESENTED BY THE SECRETARY DOWNTOWN DISPUR GUWAHATI 06 VERSUS MD RAFIQUL ISLAM AND ORS SON OF ALHAJ RUSTAM ALI VILLAGE PUTHIMARI P. O. MANGALDAI DISTRICT 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 : SC P AND R.D. appearing for MD RAFIQUL ISLAM AND ORS Linked Case : WA/23/2025 THE STATE OF ASSAM REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 781006. 2: THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI Page No.# 4/22 JURIPAR GUWAHATI- 781037. 3: THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSSIONER DARRANG (ASSAM) PIN-784125. VERSUS MD RAFIQUL ISLAM S/O ALHAJ RUSTAM ALI RESIDENT OF VILL PUTHIMARI P.O. MANGALDAI DIST- DARRANG (ASSAM). 2:THE ASSAM STATE ELECTION COMMISSION REP. BY THE SECRETARY DOWN TOWN DISPUR GUWAHATI-06. ------------ Advocate for : SUDIPTA DUTTA Advocate for : SC S E C appearing for MD RAFIQUL ISLAM Linked Case : WA/33/2025 THE STATE ELECTION COMMISSION ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR DOWN TOWN G S ROAD DISPUR GUWAHATI 06 VERSUS ABDUL AHAD LASKAR SON OF ABDUL GOFUR LASKAR VILL RONGPUR PART 1 P.O. APPIN DIST HAILAKANDI ASSAM 2:RUBUL AHMED LASKAR SON OF SOYED AHMED LASKAR VILL PALOICHERRA PART II P S HAILAKANDI DIST HAILAKANDI ASSAM 3:AMIR UDDIN BARBHUIYA SON OF LT TALEB UDDIN BARBHUIYA VILL BALDABALDI PART I P.O. SULTANICHERRA P.S RAMNATHPUR DIST HAILAKANDI ASSAM Page No.# 5/22 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 P.O. AND P.S HAILAKANDI DIST HAILAKANDI ASSAM PIN 788151 9:THE DISTRICT DELIMITATION COMMISSION HAILAKANDI REPRESENTED BY THE CHAIRMAN P.O. AND P.S HAILAKANDI DIST HAILAKANDI ASSAM PIN 788151 10:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD P.O AND P.S HAILAKANDI DIST HAILAKANDI ASSAM PIN 788151 11:THE ELECTION OFFICER HAILAKANDI P.O. AND P.S HAILAKANDI DIST HAILAKANDI ASSAM PIN 788151 ------------ Advocate for : MR. R DUBEY Advocate for : SC P AND R.D. appearing for ABDUL AHAD LASKAR Page No.# 6/22 Linked Case : WA/32/2025 THE STATE ELECTION COMMISSION ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR DOWN TOWN G.S ROAD DISPUR GUWAHATI-06 VERSUS HABIBUR RAHMAN SON OF LATE ABDUL KHALEK VILL SIDHAGURI P.O. BURAGAON P.S MAYONG MOUZA PAKARIA DISTRICT MORIGAON ASSAM PIN 782411 2:ASHAR UDDIN AHMED SON OF LATE ALIMUDDIN VILL SIDHAGURI P.O. BURGAON P.S MAYONG MOUZA PAKARIA DIST MORIGAON ASSAM PIN 782411 3:SHAHID ULLAH SON OF LATE AJIMUDDIN VILL SIDHAGURI PO BURGAON P S MAYONG MOUZA PAKARIA MORIGAON ASSAM 4:SHAJAHAN ALI SON OF LATE AKKASH ALI VILL PATEKIBORI P.O.BURGAON P.S. MAYONG MOUZA PAKARIA DIST MORIGAON ASSAM 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 DISPUR GUWAHATI 6 7:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR Page No.# 7/22 GUWAHATI 37 8:THE DISTRICT COMMISSIONER MORIGAON P.O. P.S AND DISTRICT- 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 11:THE ELECTION OFFICER MORIGAON P.O.P.S AND DIST MORIGAON ASSAM PIN 782105 ------------ Advocate for : MR. R DUBEY Advocate for : SC P AND R.D. appearing for HABIBUR RAHMAN Linked Case : WA/22/2025 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 DEPUTY SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT Page No.# 8/22 DISPUR GUWAHATI- 06. 4: THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM DISTRICT 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 P.S.- LALA DIST.- HAILAKANDI ASSAM PIN- 788163. ------------ Advocate for : SUDIPTA DUTTA Advocate for : SC S E C appearing for DILWAR HUSSAIN BARBHUIYA Linked Case : WA/16/2025 THE STATE OF ASSAM and ORS 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 COMMISSIONER MORIGAON P.O. P.S. AND DIST. MORIGAON ASSAM PIN- 782105 Page No.# 9/22 4: THE DISTRICT DELIMITATION COMMISSION MORIGAON REPRESENTED BY THE CHAIRMAN P.O. P.S. AND DIST. MORIGAON ASSAM PIN- 782105. 5: THE CHIEF EXECUTIVE OFFICER MORIGAON ZILLA PARISHAD P.O. P.S. AND DIST. MORIGAON ASSAM PIN- 782105 VERSUS HABIBUR RAHMAN AND 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 Page No.# 10/22 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 : MR S DUTTA Advocate for : SC A S E C appearing for HABIBUR RAHMAN AND ORS Linked Case : WA/34/2025 THE STATE ELECTION COMMISSION ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR DOWNTOWN G.S ROAD DISPUR GUWAHATI-06. VERSUS 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 II P.O. BHANGA BAZAR DISTRICT 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 Page No.# 11/22 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 DEPTT. DISPUR GUWAHATI-6 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 FOR ASSAM PANCHAYAT ELECTION DIST- KARIMGANJ ASSAM PIN-788710 8: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 9: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. R DUBEY Advocate for : SC Page No.# 12/22 P AND R.D. appearing for DAKSHINKUL VILLAGE DEVELOPMENT COUNCIL Linked Case : WA/21/2025 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-788119 VERSUS 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 Page No.# 13/22 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 : SUDIPTA DUTTA Page No.# 14/22 Advocate for : MR H R A CHOUDHURY appearing for NILIMA BEGUM LASKAR Linked Case : WA/25/2025 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 ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM DISPUR GUWAHATI- 781006. 3: THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI- 781037. 4: THE DISTRICT COMMISSIONER HAILAKANDI P.O AND P.S.- HAILKANDI DIST- HAILAKANDI ASSAM PIN-788151. 5: THE DISTRICT DELIMITATION COMMISSION HAILKANDI REPRESENTED BY THE CHAIRMAN P.O. AND P.S. HAILAKANDI DISTRICT. HAILAKANDI ASSAM PIN-788151. 6: THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD CUM P.O. AND P.S. HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788151. Page No.# 15/22 VERSUS 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 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-HAILAKANDI P.O. AND P.S.- HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788151. ------------ Advocate for : SUDIPTA DUTTA Advocate for : SC Page No.# 16/22 S E C appearing for ABDUL AHAD LASKAR Linked Case : WA/35/2025 THE ASSAM STATE ELECTION COMMISSION THE SECRETARY DOWNTOWN DISPUR GUWAHATI 06 VERSUS ABDUL MOTLEB SON OF LATE AJBAR ALI RESIDENT OF VILL AND P.O. BRAHMAN SAHSHAN PART 1 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 -1 P. 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 ASSAM PANJABARI JURIPAR, GUWAHATI 37 5:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER KARIMGANJ (ASSAM) - 788710 ------------ Advocate for : MR. R DUBEY Advocate for : SC P AND R.D. appearing for ABDUL MOTLEB Linked Case : WA/30/2025 Page No.# 17/22 THE STATE ELECTION COMMISSION REPRESENTED BY ITS ELECTION COMMISSIONER ADITYA TOWER 2ND FLOOR OPPOSITE DOWNTOWN HOSPITALG.S ROAD DISPUR GUWAHATI-06 KAMRUP(M) ASSAM. VERSUS ASROF KALAM AZAD LASKAR AND 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 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-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 Page No.# 18/22 ASSAM DISPUR GUWAHATI- 781006. 7:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT 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 ELECTIO 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 : SC P AND R.D. appearing for ASROF KALAM AZAD LASKAR AND ORS Linked Case : WA/24/2025 THE STATE OF ASSAM REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 781006. 2: THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR Page No.# 19/22 GUWAHATI- 781037. 3: THE DISTRICT COMMISSIONER HAILAKANDI DIST.- HAILAKANDI ASSAM 788710 4: THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSSIONER HAILAKANDI (ASSAM) PIN-788710. VERSUS ALI AHMED LASKAR S/O ABDUR RASHID LASKAR RESIDENT OF VILL. AND P.O. VICHINGCHA PART-II DIST-HAILAKANDI (ASSAM) 788155. 2:THE ASSAM STATE ELECTION COMMISSION REP. BY THE SECRETARY DOWN TOWN DISPUR GUWAHATI-06. ------------ Advocate for : SUDIPTA DUTTA Advocate for : SC S E C appearing for ALI AHMED LASKAR Linked Case : WA/36/2025 THE STATE ELECTION COMMISSION THE ASSAM STATE ELECTION COMMISSION REPRESENTED SECRETARY DOWN TOWN DISPUR GUWAHATI- 781006. VERSUS ALI AHMED LASKAR SON OF ABDUR RASHID LASKAR VILL VICHINGCHA PART II P.O. VICHINGCHA PART II DIST HAILAKANDI ASSAM PIN 788155 Page No.# 20/22 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY DOWN TOWN DISPUR GUWAHATI 781006. 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIPAR GUWAHATI 781037 4:THE DISTRICT COMMISSIONER HAILAKANDI DIST HAILAKANDI ASSAM PIN CODE 788710 5:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN CUM THE DISTRICT COMMISSIONER HAILAKANDI ASSAM PIN CODE 788710 ------------ For petitioner/appellant(s) : Mr. D. Saikia, AG, Assam Mr. K. Konwar, Advocate Mr. R. Dubey, Advocate Mr. A.N.I. Hussain For respondent(s) : Mr. H.R.A. Choudhury, Sr. Advocate Mr. M.K. Hussain, Advocate Mr. A.H.M.R. Choudhury, Advocate Mr. A. K. Talukdar, Advocate Mr. S. Dutta, SC, P & RD – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM 06.02.2025 (Vijay Bishnoi, CJ) 1. These appeals are preferred by the State of Assam and the Assam State Election Commission against the order dated 10.01.2025 passed by the learned Single Judge in a bunch of Interlocutory Applications filed in the writ petitions, Page No.# 21/22 wherein the delimitation process in respect of Gaon Panchayats in the State of Assam has been challenged. Since all these appeals have been filed challenging the same impugned order, all these appeals, although listed separately, have been taken up together for consideration. 2. Heard the learned counsel appearing for the parties. 3. Vide the order dated 10.01.2025, the learned Single Judge has refused to grant interim relief to the writ petitioners, except in WP(C) Nos. 5346/2024, 5613/2024, 5631/2024, 5664/2024, 5706/2024, 5751/2024, 5771/2024, 5984/2024 and 6347/2024. Vide the impugned order, the learned Single Judge has extended the interim stay granted in the above-referred nine writ petitions on 17.12.2024. 4. This Court, vide order dated on 23.01.2025 has interfered with the order dated 10.01.2025 passed by the learned Single Judge to the extent of the extension of the said order dated 17.12.2024 passed in the above-referred nine writ petitions, while observing that once the learned Single Judge has formed a prima facie opinion that the Court, while exercising extra-ordinary jurisdiction under Article 226 is not supposed to extend the interim orders in election matters until and unless exceptional circumstances exist, it is not justified to extend the stay order in the above above-referred writ petitions merely on the basis of concession extended by the learned counsel for the State and the State Election Commission. We have also made it clear that the order dated 23.01.2025 passed by this Court will not be treated as a stay order on the final hearing of the writ petitions and the learned Single Judge can continue with the hearing of the writ petitions in accordance with law. 5. It is informed by the learned counsel appearing for the parties that the writ petitions challenging the delimitation proceedings of the Gaon Panchayats have Page No.# 22/22 been fixed before the learned Single Judge tomorrow, i.e. 07.02.2025, for hearing at the admission state. 6. Taking into consideration the fact that the challenge to the delimitation process of the Gaon Panchayats is to be decided by the writ court on merits, we propose to dispose of these appeals while extending the interim order passed by this Court on 23.01.2025 till final disposal of the writ petitions. Learned counsel appearing for the parties have agreed to this proposal. 7. Hence, these appeals are disposed of while observing that the interim order dated 23.01.2025 passed by this Court in WA Nos. 15/2025, 16/2025, 21/2025, 22/2025, 23/2025, 24/2025 and 25/2025 is made absolute till final disposal of the writ petitions. Needless to say that since we have not decided these appeals touching on the merits of the case, any challenge made by any of the parties in the writ petitions, to the order dated 10.01.2025 passed by the learned Single Judge, in separate proceedings, is not going to be affected by this order. JUDGE CHIEF JUSTICE Comparing Assistant