Page No.# 1/4 GAHC010063792026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1823/2026 SUHRAB KHALED MAZUMDER , C/O ASHIQUE UDDIN MAZUMDER, H/NO. 63, SONAI ROAD, UTTARKRISHNAPUR PT 1, NEAR SUNBEAM GAS AGENCY, UTTAR KRISHNAPUR PT II, UTTAR KRISHNAPUR, CACHAR, ASSAM, PIN - 788006. VERSUS THE STATE OF ASSAM and othrs REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-781006. 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI781006. 4:THE DISTRICT COMMISSIONER CUM DISTRICT ELECTION OFFICER CACHAR SILCHAR P.O. SILCHAR DISTRICT- CACHAR ASSAM PIN788001. 5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES SILCHAR Page No.# 2/4 P.O. SILCHAR DISTRICTCACHAR ASSAM PIN- 788001 Advocate for the Petitioner : K G CHOWDHURY, MR. J M A CHOUDHURY,L P BORAH Advocate for the Respondent : GA, ASSAM, SC, CO OP,SC, ECI BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 27.03 .2026 Heard Mr. J M A Choudhury learned counsel for the petitioner, and heard Mr. S. K. Talukdar, learned Standing Counsel Cooperation Department, Ms. S. Kataki, learned Standing Counsel, Election Commission of India, Mr. C. K. S. Baruah, learned Government Advocate appears for the respondents. 2. The petitioner is aggrieved by the impugned order of transfer dated 15.03.2026. Petitioner who serving as Senior Inspector/ Auditor of the Cooperative Societies under the Office of the Assistant Registrar of Cooperative Societies, Silchar was transferred to the Office of the Assistant Registrar of the Cooperative Societies, Nalbari. 3. The grievance of the petitioner is that he was last posted by an order dated 24.10.2024 and joined at the same place on 04.12.2024. Therefore as per the State guidelines of transfer and posting, he has not completed 2 years of service in his present place of posting. It is the submission of the learned counsel for the petitioner that the impugned transfer order transferring the present petitioner although does not reflect their release in pursuance to the guidelines issued by the Election Commission of India, however it is his Page No.# 3/4 submissions that this impugned order has been issued in terms of the Election Commission Guidelines dated 09.02.2026. It is submitted that the petitioner is presently given the responsibility of Sector Officer in Zone 11 and his name appears in the Serial No. 52 of the said list. He is the Sector Officer in charge of Polling Station No. 220 to 238. Therefore, the Election Commission Notification clearly excludes the Sector Officer from the transfer policy issued by the Election Commission which is mentioned at Clause 7 (iii). 4. Under such circumstances, the petitioner is aggrieved and had filed a representation before the competent authority on 16.03.2026, which was remained pending and no order has yet been passed thereon. Being aggrieved, the petitioner is before this Court. 5. The Respondents are represented by their respective counsel appearing for the Department. 6. A perusal of the papers available, it is seen that the petitioner had been posted in Silchar by order dated 24.10.2024 and he had joined at the same place on December 2024. Therefore under the present guidelines relating to transfer issued by the Government of Assam, Personal Department, ordinarily a person who completes 2 years of service is required to be transferred out. If the said impugned transfer order is issued in terms of the Election Commission guidelines, then there is a clear exemption under the said guideline in Clause 7(iii) that Sector Officers are not to be covered under the said guidelines. The documents enclosed to the writ petition reflects that the petitioner has shown to be a Sector Officer by an order issued by the District Commissioner, Cachar on 27.01.2026. 7. Under such circumstances prima facie it appears to the Court that the said transfer order appears to be incomplete with the guidelines which are in course. Page No.# 4/4 8. Be that as it may, the petitioner has also preferred a representation dated 16.03.2026 which is stated to be pending before the authorities. 9. In that view of the matter, the Court is of the considered view that the writ petition can be closed at this stage without expressing anything on merit. Since a representation is filed before the Assistant Registrar of Cooperative Societies, therefore the said officer will ensure that the representation be placed before the Secretary to the Government of Assam, Cooperation Department for consideration of the prayers made in the representation and pass appropriate orders, and the same shall be carried out within a period of 1 week from today. 10. The writ petition in terms of the above disposed of. 11. Till the disposal of the Representation, status quo shall be maintained in respect of the transfer of the writ petitioner. JUDGE Comparing Assistant