2026:GAU-AS:14741 THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) Writ petition [c] no. 5191/2026 Shri Prasenjit Deb, Age about 25 years, son of Pankaj Deb, Resident of 550 Kh, Rangirkhari, P.O – Rangirkhari, P.S. – Rangirkhari, Silchar, District – Cachar, Assam, PIN – 788005. ………………Petitioner -VERSUS- 1. The State of Assam, represented by the Principal Secretary to the Government of Assam, Department of Housing and Urban Affairs, Dispur, Guwahati-781006. 2. The State Election Commission, Assam, represented by the State Election Commissioner, Panjabari, Guwahati-781037. 3. The District Commissioner, Cachar, Office of the District Commissioner, Silchar, District – Cachar, Assam, PIN – 788001. GAHC010208292026 4. The Election Officer, Cachar, Office of the District Commissioner, Silchar, District – Cachar, Assam, PIN – 788001. 5. The Returning Officer / Registration Officer, Ward no. 7. Silchar Municipal Corporation, Silchar, District – Cachar, Assam, PIN – 788001. 6. The Returning Officer / Registration Officer, Ward no. 12, Silchar Municipal Corporation, Silchar, District – Cachar, Assam, PIN – 788001. ……………….Respondents BeFore Hon’BLe Mr. JUStice MAniSH cHoUDHUrY Advocates : Advocate for the Petitioner : Mr. P.R. Sarma, Advocate Advocate for the Respondent nos. 1, 3 & 4 : Ms. M. Barman, Government Advocate Advocate for the Respondent no. 2 : Mr. R. Dubey, Standing Counsel, ASEC and Ms. A.B. Kayastha, Advocate Advocate for the Respondent nos. 5 & 6 : Mr. S. Dutta, Senior Advocate and Mr. S. Dutta, Advocate Date of hearing : 24.09.2026 Date of pronouncement of judgment : 24.09.2026 Whether the pronouncement is of the Operative part of the judgment ? : No Whether the full judgment has been Pronounced ? : Yes JUDGMent & orDer Invoking the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has preferred this writ petition assailing a Notification no. E-228921/1016 dated 17.12.2024 issued by the Department of Housing and Urban Affairs, Government of Assam; and also, for changing the reservation of Ward no. 7 and Ward no. 12 from ‘Woman’ and ‘Scheduled Caste’ respectively to ‘General’ Category. 2. I have heard Mr. P.R. Sarma, learned counsel for the petitioner; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 1, 3 & 4; Ms. A.B. Kayastha, learned counsel on behalf of Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] for the respondent no. 2; and Mr. S. Dutta, learned Senior Counsel assisted by Mr. S. Dutta, learned counsel for the respondent nos. 5 & 6. Page 4 of 17 3. The petitioner has stated that he is a registered voter from present Ward no. 29 of the Silchar Municipal Corporation and which was earlier included within Ward no. 11 of Silchar Municipal Board. 4. Before a deliberation on the nature of assail made in this writ petition, it is apposite to refer to the background facts leading to the issuance of the Notification dated 17.12.2024. 5. Prior to enactment of the Assam Municipal Corporation Act, 2022 [‘the AMC Act, 2022’, for short], the Assam Municipal Act, 1956 was in force. Under the Assam Municipal Act, 1956, Silchar Municipal Board was in existence. 6. As per sub-section [1] of Section 3 of the AMC Act, the Governor may, after making such enquiry as he may deem fit and having regard to the population of any urban area, the density of population therein, the revenue generated for the local administration of such area, the percentage and other factors mentioned therein, as prescribed, by a notification, declare such area to be a Municipal Corporation. As per sub-section [2] thereof, the notification about the constitution of a corporation is to be published in the Official Gazette in at least two leading newspapers. In conformity with the afore-mentioned provisions, the State Government in the Housing and Urban Affairs Department issued a Notification dated 28.09.2022 under Section 3[1] of the AMC Act, 2022 about constitution of Silchar Municipal Corporation and the same was published in Issue no. 665 of the Assam Gazette dated 07.10.2022 and also, in the newspaper. 7. Sub-section [4] of Section 3 has provided for submission of objection by any inhabitant of the city, town or Panchayat area in respect of which the notification is published within fifteen days of the publication of the notification to the State Government through the Deputy Commissioner of the district and the State Government is required to take such objection into consideration. By the Notification dated 28.09.2022, the State Government invited written objections from the inhabitants fulfilling the criteria laid down in Section 3[4]. A brief description of the proposal including approximate population to be included in the proposed Silchar Municipal Corporation, number of wards proposed, the maps of the boundaries of the proposed wards, etc. were given in Annexure - A to the Notification dated 28.09.2022. 8. Sub-section [5] of Section 3 has provided that expiry of one month from the date of publication of the Notification under Section 3[1] and after consideration of all or any of the objections which were received under Section 3[4], the State Government by a Notification may constitute such city, town or any specified part thereof, as a Municipal Corporation. 9. Section 4 of the AMC Act has provided the power to the State Government to abolish or alter the limits of Municipal Corporation area. After publication of the Notification dated 28.09.2022, a Notification under sub-section [2] of Section 4 of the AMC Act, 2022 was published on 16.10.2024 for delimitation of Silchar Municipal Corporation. Sub-section [2] of Section 4 has provided that the Municipal Corporation for the purpose of election to Councillors may re-determine the boundaries of existing Wards. Objections were also invited to the Notification dated 16.10.2024. In response to the Notification, only one objection petition was received against inclusion of certain area within the proposed Ward no. 42 instead of Ward no. 39 in the Silchar Municipal Corporation. The objection petition was examined by calling for a report from the District Commissioner, Cachar and found that the claim made in the objection petition was unmerited. 10. After the above formalities were completed, the State Government on 28.11.2022 issued a Notification in exercise of the powers conferred under sub-section [2] of Section 4 read with sub-section [5] of Section 3 of the AMC Act, 2022 to constitute the Silchar Municipal Corporation with forty-two nos. of Wards with description of their respective boundaries. The boundaries of Ward no. 7 and Ward no. 12 have been described in the Notification dated 28.11.2022. 11. Part IX-A of the Constitution of India has prescribed for the municipalities. Article 243-Q, Article 243-R and Article 243-T have provided for ‘Constitution of Municipalities’, ‘Composition of Municipalities’ and ‘Reservation of Seats’ respectively. Article 243-T has provided as under :- 243-T. Reservation of seats. – [1] Seats shall be reserved for the Schedule Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. [2] Not less than one-third of the total number of seats reserved under clause [1] shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. [3] Not less than one-third [including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes] of the total number of seats to be filled by direct selection in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. [4] The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. [5] The reservation of seats under clauses [1] and [2] and the reservation of offices of Chairpersons [other than the reservation for woman] under clause [4] shall cease to have effect on the expiration of the period specified in Article 334. [6] Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens. 12. The corresponding provisions in the AMC Act, 2022 are in sub-sections [2], [3] and [4] of Section 5. As per Section 5[2], the State Government by notification in the Official Gazette, shall determine the number of Wards into which the city shall be divided, the number of Councillors to be elected to the Corporation and the number of seats to be reserved in favour of the Scheduled Castes, Scheduled Tribes and Women. As per Section 5[3], 50% of the seats of the Councillors shall be reserved for Women including the seats reserved for the Scheduled Castes and the Scheduled Tribes and such seats may be allotted by rotation through different wards of the Corporation every ten years. As per sub-section [4] of Section 5 of the AMC Act, 2022, reservation of seats in the Corporation for the Scheduled Castes and Scheduled Tribes and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Corporation as the population of the Scheduled Castes in the Corporation area or the Scheduled Tribes in the Corporation bears to the total population of that area as per the latest Census figures and such seats may be allotted by rotation to the different wards of the Corporation. 13. It is in exercise of the powers conferred under sub-sections [2], [3] & [4] of Section 5 of the AMC Act, 2022, the State Government issued a Notification on 17.12.2022 reserving the Wards of Silchar Municipal Corporation for Scheduled Castes and Women for the election to the Silchar Municipal Corporation. The said Notification dated 17.12.2022 was published in the Assam Gazette in its Issue no. 741 dated 18.12.2022. In the said Gazette Notification, Ward no. 7 has been marked reserved for Women and Ward no. 12 has been shown reserved for Scheduled Caste. 14. Thereafter, the Draft Photo Electoral Roll for the newly constituted Silchar Municipal Corporation was published on 18.06.2025 taking into account the delimitations of forty-two wards of the Silchar Municipal Corporation. A Press Release of even date was also issued inviting claims and objections to the entries in the Draft Electoral Rolls from 18.06.2025 to 26.06.2025. Page 9 of 17 15. By virtue of Article 234-ZA of the Constitution, the superintendence, direction and control of preparation of electoral rolls, and the conduct of all elections to the Municipalities has been vested in the State Election Commission. 16. The AMC Act, which is an enactment by the Assam Legislative Assembly, has to make provision with respect to all matters relating to, or in connection with, election to the municipalities subject to the provisions of the Constitution. 17. It is in exercise of the powers vested in the Assam State Election Commission under Section 8 of the AMC Act, 2022 read with Rule 5 of the Assam Municipal Corporation Election Rules, 2022, the ward-wise photo electoral rolls for election to the Silchar Municipal Corporation was prepared and published on 15.07.2026. 18. Thereafter, in exercise of powers under Article 243-ZA of the Constitution read with Section 372[1] of the AMC Act, 2022 read with Rule 3 of the Assam Municipal Corporation Election Rules, 2022, the Assam State Election Commission published a Notification on 02.09.2026 calling upon the electors of the forty-two wards of the Silchar Municipal Corporation to elect Councillors of the Corporation. In the Notification, the time-schedule for conduct of election to the Silchar Muncipal Corporation has been published. 19. As per the Notification dated 02.09.2026, the last date for filling nomination was 11.09.2026. After scrutiny of nominations, the date for publication of the list of validly nominated candidates was fixed on 14.09.2026. The date, 17.09.2026 was fixed for publication of the list of contesting candidates. The date of poll is scheduled on 03.10.2026 with the date of counting as 06.10.2026. 20. It is in the above backdrop, the assail made by the petitioner is to be examined. 21. The petitioner did not submit any objection after issuance of the Notification dated 28.09.2022, which was published in the Assam Gazette on 07.10.2022. The petitioner did not submit any objection when objections were invited from the inhabitants of Silchar Municipal Corporation when delimitation of Silchar Municipal Corporation was published on 16.10.2024. Only one objection regarding proposed delimitation of Wards of Silchar Municipal Corporation was received and the same was considered and disposed of. Thereafter, the Notification dated 28.11.2024 was published constituting the Silchar Municipal Corporation with forty-two Wards with defined boundaries. When reservation of forty-two wards of Silchar Municipal Corporation for Scheduled Caste and Women were published vide Notification dated 17.12.2024, the petitioner did not file any written objection regarding reservation made in respect of Ward no. 7 and Ward no. 12. 22. The petitioner has projected that there was a verbal request for re- verification of Ward no. 7 and Ward no. 12, but the said request was not taken into consideration. Such a plea is clearly a specious plea. The petitioner has contended that seeking reconsideration of reservation made in respect of Ward no. 7 and Ward no. 12 based on Census 2011, a former Ward Commissioner submitted a representation before the District Commissioner, Cachar on 11.11.2022, followed by a reminder on 10.09.2026. 23. Mr. Dutta, Ms. Kayastha & Ms. Barman have submitted that the election notified by the Notification dated 02.09.2026 is the first election to the Silchar Municipal Corporation. 24. At this stage, it is relevant to refer to the provision contained in Article 243- ZG of the Constitution, which reads as under :- 243-ZG. Bar to interference by courts in electoral matters. – Notwithstanding anything in this Constitution, - [a] the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 243-ZA shall not be called in question in any court; [b] no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. 25. For the present writ petition, Articles 243-ZG[a] is applicable. The Article 243-ZG is pari materia to Article 329-A and Article 243-O of the Constitution of India. Page 12 of 17 26. Part IX-A containing Article 243-P to Article 243-Z and Article 243-ZA to Article 243-ZG came to be came to be inserted by the Constitution [74th Amendment] Act, 1992. 27. The bar contained in Article 243-ZG came for consideration of the Hon’ble Supreme Court in Anugrah Narain Singh and another vs. State of Uttar Pradesh and others, [1996] 6 SSC 303. It has been observed that in view of clause [a] and clause [b] of Section 243-ZG, the bar is found to be two- fold. Having regard to clause [a] contained in 243-ZG with the non-obstante clause, it has been observed that validity of clause relating to delimitation and allotment of seats under Article 243-ZA cannot be questioned in any court. It is held to be well settled that if the election is imminent or well underway, the court should not intervene to stop the election process. If the same is allowed to be done, no election would ever take place because someone or the other would always find some excuse to move the court and stall the elections. If holding of elections is allowed to be stalled on the complaint of a few individuals, then grave injustice would be caused to the other electors who have a right to elect their representatives to the local bodies. 28. From the Press Release dated 18.06.2025, it is noticed that the total nos. of electors in the Silchar Municipal Corporation is 2,69,848. 29. In Anugrah Narain Singh [supra], the Hon’ble Court has referred to the decision in State of Uttar Pradesh vs. Pradhan Sangh Khettra Samiti, 1995 Supp [2] 305, to observe that any challenge to the validity of the delimitation of constituencies or the allotment of seats to such constituencies and the election to any Municipality should not be entertained by Court except on the ground that before the delimitation, no objection was invited and no hearing was given. The Hon’ble Court has observed to the following manner :- 29. Dealing with the provisions of the Constitution relating to panchayats contained in Articles 243-A to 243-O [which are similar to Articles 243-Q to 243-ZG relating to Municipalities], this Court in the case of State of U.P. vs. Pradhan Sangh Kshettra Samiti, AIR 1995 SC 1512 at 1528, held :- It is for the Government to decide in what manner the panchayat areas and the constituencies in each panchayat area will be delimited. It is not for the Court to indicate the manner in which the same would be done. So long as the panchayat areas and conformity with the constitutional provisions or without committing a breach thereof, the Courts cannot interfere with the same. * * * * What is more objectionable in the approach of the High Court is that although clause [a] of Article 243-O of the Constitution enacts a bar on the interference by the courts in electoral matters including the questions of the validity of any law relating to the delimitation of the constituencies or the allotment or seats to such constituencies made or purported to be made under Article 243-K and the election to any panchayat, the High Court has gone into the question of the validity of the delimitation of the constituencies and also the allotment of seats to them. 30. It was also held by the Court that any challenge to the validity of the delimitation of constituencies or the allotment of seats to such constituencies and the election to any Panchayat should not be entertained by Court except on the ground that before the delimitation, no objection was invited and no hearing was given. It was, thereafter, observed as under : Even this challenge could not have been entertained after the notification for holding the elections was issued. The High Court not only entertained the challenge but has also gone into the merits of the alleged grievances although the challenge was made after the notification for the election was issued on 31st August, 1994. 29.2. The decision in Anugrah Narain Singh [supra], has been considered by the Hon’ble Supreme Court of India in State of Goa and another vs. Fouziya Imtiaz Shaikh and another, [2021] 8 SCC 401 and a number of others decisions. 30. It is a settled position that from the date of Notification of the Election till date of the declaration of the results, a judicial hands-off approach is required to exercised by the writ court under Article 226 of the Constitution, by the non-obstante clause contained in Article 243-ZG. The constitutional bar operates during that period. It is a matter of discretion exercisable by a writ court as to whether an interference is called for when the electoral process is imminent, that is, the notification for elections is yet to be announced. But, such is not the situation in the present case here as the election for forty-two wards of Silchar Municipal Corporation has already been announced on 02.09.2026, which is prior to institution of the present writ petition on 18.09.2026. 31. In Fauzia Imtiaz Sheikh [supra], the Hon’ble Supreme Court has inter-alia made the following observations :- 68.7. The bar contained in Article 243-ZG[a] mandates that there be a judicial hands-off of the writ court or any court in questioning the validity of any law relating to delimitation of constituency or allotment of seats to such constituency made or purporting to be made under Article 243-ZA. This is by virtue of the non-obstante clause contained in Article 243-ZG. The statutory provisions dealing with delimitation and allotment of seats cannot therefore be questioned in any court. However, orders made under such statutory provisions can be questioned in courts provided the statute concerned does not give such orders the status of a statutory provision. 68.8. Any challenge to orders relating to delimitation or allotment of seats including preparation of electoral rolls, not being part of the election process as delineated above, can also be challenged in the manner provided by the statutory provisions dealing with delimitation of constituencies and allotment of seats to such constituencies. Page 16 of 17 68.9. The constitutional bar of Article 243-ZG[a] applies only to courts and not the State Election Commission, which is to supervise, direct and control preparation of electoral rolls and conduct elections to municipalities. 68.10. The result of this position is that it is the duty of the SEC to countermand illegal orders made by any authority including the State Government which delimit constituencies or allot seats to such constituencies, as is provided in Proposition 68.4 above. This may be done by the SEC either before or during the electoral process, bearing in mind its constitutional duty as delineated in the said proposition. 32. Upon taking notice of the Constitutional and statutory provisions and the settled propositions of law, when we revert back to the facts of the case in hand, it is found that except making an bald assertion that there was a verbal request from the end of the petitioner, there is nothing in the materials brought on record, as already alluded hereinabove, that there was any attempt from the end of the petitioner to submit any objection as per the prescribed procedure during the period from 28.09.2022 to 02.09.2026 when the Notification for the election to Silchar Municipal Corporation was published. 33. In so far as the case set up for the plea to change the reservation status of Ward no. 7 and Ward no. 12 from ‘Women’ and ‘Scheduled Caste’ to ‘General’ is concerned, it is only mentioned that re-verification with respect to Ward no. 7 and Ward no. 12 is required in reference to Census 2011. It is contended that if the corrections/re-verification with respect to Ward no. 7 and Ward no. 12 of Silchar Municipal Corporation is not made then candidates who wanted to appear from ‘General’ category would be deprived of said benefit. Save and except such bald allegation, there is nothing in the writ petition in support of such facts. 34. The petitioner is an elector in the ensuing election to the Silchar Municipal Corporation. The petitioner as an elector has two rights – the right to vote and the right to contest. In so far as the right to vote of the petitioner is concerned, the said right is not found to be infringed in any manner. The right to contest an election is neither a fundamental right nor a common right. There is also no whisper in the writ petition that the petitioner’s right to contest has been infringed in any manner whatsoever. 35. The plea raised regarding change of reservation status of Ward no. 7 and Ward no. 12 from ‘Women’ and ‘Scheduled Caste’ to ‘General’ category is found to be specious and bereft of any merits. The plea is not set up by the petitioner with any kind of records, facts and figure based on official records like Census, etc. 36. Consequently, the writ petition is found to be devoid of any merit and therefore, the writ petition is dismissed. JUDGE Comparing Assistant Digitally signed by Rupam Basumatary Date: 2026.10.05 10:22:12 +05'30'