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2025 DAILYLAW 6724 (GAU)

MD ALTAP HUSSAIN v. THE STATE OF ASSAM

WP(C)/663/2025 · 2025-04-09

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010019712025 2025:GAU-AS:4583 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/663/2025 MD ALTAP HUSSAIN S/O- LATE JASHMAT ALI, VILL DUMERGURI PT III ,SOUTH, P.S-ABHAYAPURI, BONGAIGAON,ASSAM 2: MOYEN UDDIN S/O- ABDUL MALEK VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI BONGAIGAON ASSAM 3: JAKIR HUSSAIN S/O- ABDUL HAKIM VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI BONGAIGAON ASSAM 4: MOSHARAF ALOM S/O- ABDUL MANNAN VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI BONGAIGAON ASSAM 5: JAHURUL ISLAM S/O- AZIZUL HOQUE Page No.# 2/4 VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI BONGAIGAON ASSAM 6: HASEM ALI S/O- LATE MOZEBAR RAHMAN VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI BONGAIGAON ASSAM 7: ROFIQUL ISLAM S/O- LATE RAZZAK ALI VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI BONGAIGAON ASSAM 8: ABDUL GONI AHMED S/O- LATE HURMUZ ALI VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI BONGAIGAON ASSAM 9: TAIJUDDIN AHMED S/O- LT. AZGOR ALI MUNSHI VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI BONGAIGAON ASSAM 10: ROBIUL AWAL S/O- ABDUL MOTALEB VILL DUMERGURI PT III SOUTH P.S-ABHAYAPURI Page No.# 3/4 BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT PANJABARI GUWAHATI-37 3:THE DISTRICT COMMISSIONER BONGAIGAON ASSAM 4:THE CHIEF EXECUTIVE OFFICER ZILA PARISHAD BONGAIGAO Advocate for the Petitioner : MR SAFIQUL ISLAM, MR. P RAHMAN Advocate for the Respondent : SC, P AND R.D., GA, ASSAM BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 10-04-2025 1.None appears for the petitioner on calls. Heard Mr. K. Konwar, learned Additional Advocate General, Assam for the respondents. 2.The present writ petition is filed as regards the reservation of Ward No. 5 (Dumerguri Part –III) of Santoshpur Dumerguri Gaon Panchayat in the district of Bongaigaon for SC (women). Page No.# 4/4 3.The basic ground is that though on the basis of census, there is less than 10% of SC/ST population, however, it was reserved for SC/ST (women). 4.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.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