Page No.# 1/3 GAHC010019342025 2025:GAU-AS:4580 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/901/2025 MUSABBAR ALI KHAN AND ANR S/O- SAHEB KHAN, R/O- VILL.- SUNDARPARA, P.O. JAMADARHAT, P.S. FAKIRGANJ, DIST.- DHUBRI, ASSAM, PIN- 783330 2: AZINUL ISLAM S/O- JADOB ALI R/O- VILL.- SUNDARPARA PART-II P.O. JAMADARHAT P.S. FAKIRGANJ DIST.- DHUBRI ASSAM PIN- 78333 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,GUWAHATI-06 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR GUWAHATI-37 3:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY DOWN TOWN DISPUR GUWAHATI-06 4:THE DISTRICT DELIMITATION COMMISSION REPRESENTED BY ITS CHAIRMAN-CUM-DISTRICT COMMISSIONER DHUBRI Page No.# 2/3 P.O. P.S. AND DIST- DHUBRI ASSA Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 10-04-2025 1. Heard Mr. A. Rahman, learned counsel for the petitioners and Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent Nos. 1, 2 & 4. Also heard Mr. R. Dubey, learned Standing counsel, Election Commission for the respondent No. 3. 2. The present writ petition relates to the reservation of Ward Nos. 4 & 6 of 47 No. Sundarpara Gaon Panchayat, District-Dhubri, which are reserved for women for the ensuing Panchayat Election. 3. It is the contention of the petitioners that such reservation was also there in last two elections and therefore, it cannot be continued for the ensuing Panchayat Election. 4. Mr. Konwar, learned Additional Advocate General, Assam submits that after delimitation exercise, when new constituency is created, previous reservation need not be considered. 4. On the other hand, Mr. R. Dubey, learned Standing counsel, Election Page No.# 3/3 Commission, submits that the State Election Commissioner, Assam has issued a Notification under No. SEC.63/2022/125 dated 02.04.2025 in exercise of powers conferred under Article 243K of the Constitution of India and under Section 114 (1) of the Assam Panchayat Act, 1994 (as amended up-to-date) and Rule 15 and Rule 16 of the Assam Panchayat (Constitution) Rules, 1995 (as amended up-to-date) notifying the schedule of General Election to the Panchayats in the State of Assam. 5. 5. Considering the aforesaid Notification dated 02.04.2025, this Court is of the considered opinion that the issue raised in the present petition has become academic as the process of election has already been set in motion by issuing election notification. 6. Accordingly, this writ petition stands closed keeping open, all the questions raised and the same may be considered at appropriate stage/appropriate proceeding. JUDGE Comparing Assistant