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2026 DAILYLAW 13259 (GAU)

SRI BINOY KRISHNA DAS v. THE STATE OF ASSAM AND 7 ORS

WP(C)/4550/2026 · 2026-08-27

Manish Choudhury

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010173992026 2026:GAU-AS:12503 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4550/2026 SRI BINOY KRISHNA DAS S/O LATE SUNIL RANJAN DAS, R/O BIRAJ MADHAB SARANI, KARIMGANJ ROAD, P.O TARAPUR, P.S SILCHAR, CACHAR, ASSAM, PIN 788003 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, DISPUR, GHY, ASSAM, PIN 781006 2:THE SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF HOUSING AND URBAN AFFAIRS DISPUR GHY ASSAM PIN 781006 3:THE DIRECTOR OF MUNICIPAL ADMINISTRATION GUWAHATI DISPUR ASSAM PIN 781006 4:THE STATE ELECTION COMMISSION REPRESENTED BY THE CHIEF ELECTION COMMISSIONER ASSAM BLOCK C 4TH FLOOR JANATA BHAWAN DISPUR GHY 6 Page No.# 2/4 5:THE SECRETARY ASSAM STATE ELECTION COMMISSION PANJABARI GHY 37 6:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN- 788001 7:THE SILCHAR MUNICIPAL CORPORATION REPRESENTED BY THE COMMISSIONER SILCHAR CACHAR ASSAM PIN 788001 8:THE COMMISSIONER SILCHAR MUNICIPAL CORPORATION SILCHAR CACHAR ASSAM PIN 78800 Advocate for the Petitioner : MR. B J GHOSH, MR. I ALAM,MR. T SK Advocate for the Respondent : GA, ASSAM, SC, S E C BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 28.08.2026 Heard Mr. B.J. Ghosh, learned counsel for the petitioner; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 1, 2, 3 & 6; and Ms. A.B. Kayastha, learned counsel on behalf of Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] for the respondent nos. 4 & 5. Page No.# 3/4 2. The petitioner has stated that he is a permanent resident of Ward no. 13 of Silchar Municipal Corporation. The petitioner has approached this Court stating that a representation / complaint submitted by him before the respondent authorities, mainly before the respondent no. 4 and the respondent no. 5, for correction in the Electoral Roll of Ward no. 13 has not been considered and disposed of. 3. The writ petition is preferred seeking a direction to the respondent authorities, more particularly, the respondent no. 4 and the respondent no. 5 to consider the representation / complaint and to cause an enquiry regarding anomalies in preparation of the Electoral Roll of Ward no. 13 of Silchar Municipal Corporation and thereafter, to hold the election of Silchar Municipal Corporation. 4. Ms. Kayastha, learned counsel appearing for the respondent no. 4 and the respondent no. 5 has submitted, on the basis of instructions she has received, that the representation / complaint submitted by the petitioner on 06.07.2026 has already been examined by the Assam State Election Commission through the Registration Officer, Silchar Municipal Corporation of Ward no. 13. After consideration, it is found that the request of replacement of electors from Ward no. 13 to Ward no. 14, as sought for by the petitioner, cannot be allowed and to that effect, a Speaking Order has already been passed on 09.07.2026. Ms. Kayastha has placed a copy of the Speaking Order passed by the Registration Officer, Silchar Municipal Corporation of Ward no. 13 on 09.07.2026 before the Court and also, furnished a copy of the Speaking Order to Mr. Ghosh, learned counsel for the petitioner, today. 5. As the representation / complaint dated 06.07.2026, submitted by the petitioner, has already been disposed of by a Speaking Order dated 09.07.2026, there is no surviving cause of action to proceed further with the present writ petition. 6. In the above view of the matter, the writ petition is closed, reserving liberty to the petitioner to avail appropriate remedy, finds if he aggrieved in any manner himself by the Speaking Order dated 09.07.2026. Page No.# 4/4 7. The copy of the Speaking Order dated 09.07.2026, placed by Ms. Kayastha, is kept with the case record. JUDGE Comparing Assistant