Page No. 1/3 GAHC010049702026 2026:GAU-AS:6825 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7368/2025 SRI BRAJA GOPAL SINHA AND ANR SON OF LATE BIRO SINHA RESIDENT OF VILLAGE AND P.O. BIDYANAGAR DISTRICT -SRIBHUMI ASSAM PIN-788734 2: SRI BIJOY KUMAR KANU SON OF LATE INDRAJIT KANU VILLAGE-CHARGOLA TEA ESTATE P.O. LILACHILA DISTRICT-SRIBHUMI ASSAM PIN-788734 VERSUS SRI BIJOY MALAKAR AND 7 ORTS MEMBER OF LEGISLATIVE ASSEMBLY MLA FROM L.A.1 RATABARI SC CONSTITUENCY ASSAM. SON OF SRI SANKAR MALAKAR RESIDENT OF HOUSE NO.5 COLLEGE ROAD WARD NO.06 OF RAMKRISHNA NAGAR TOWN P.O. AND P.S. RAMKRISHNA NAGAR DISTRICT-SRIBHUMI ASSAM PIN- 788166 2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI-6 3:THE SPEAKER Page No. 2/3 ASSAM LEGISLATIVE ASSEMBLY DISPUR GUWAHATI-6 4:THE DISTRICT COMMISSIONER SRIBHUMI P.O AND DISTRICT-SRIBHUMI ASSAM PIN-788710 5:THE SUPERINTENDENT OF POLICE (BORDER) SRIBHUMI DISTRICT P.O. AND DISTRICT-SRIBHUMI ASSAM PIN-788710 6:THE CHIEF ELECTORAL OFFICER ASSAM 4TH FLOOR C BLOCK JANATA BHAWAN DISPUR GUWAHATI 781006 7:THE DISTRICT ELECTION OFFICER SRIBHUMI P.O. AND DISTRICT-SRIBHUMI ASSAM PIN-788710 8:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 Advocate for : MR. P K ROYCHOUDHURY Advocate for : SC ECI appearing for SRI BIJOY MALAKAR AND 7 ORTS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 18.05.2026 Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. A.K. Azad, learned counsel for the petitioners; Ms. R.M. Baruah, learned counsel for the respondent no. 1; Mr. P. Page No. 3/3 Nayak, learned Standing Counsel, Additional Advocate General, Assam for the respondent nos. 2, 4 & 5; Ms. N. Choudhury, learned counsel for the respondent no. 3; and Mr. A.I. Ali, learned Standing Counsel, ECI for the respondent nos. 6, 7 & 8. 2. In this writ petition instituted under Article 226 of the Constitution of India, the petitioner had sought for a writ of quo warranto against the respondent no. 1 who was elected as a Member of Legislative Assembly [MLA] from Ratabari [SC] Constituency, Assam in the Legislative Assembly Election held in 2021. The primary ground on which the writ of quo warranto was sought was that the respondent no. 1 was not entitled to hold the public office of MLA from Ratabari [SC] Constituency as he was not a citizen of India. The learned Additional Advocate General has submitted that the issue has been contested by the State by filing its counter affidavit. 3. By a Notification no. LAQ.2/2026/278 dated 06.05.2026, published in the Assam Gazette in Issue no. 191 dated 06.05.2026, the 15th Assam Legislative Assembly stood dissolved with effect from fore-noon of 06.05.2026 by the Governor of Assam in exercise of powers conferred by Clause [2][b] of Article 174 of the Constitution of India, as amended up- to-date. 4. In view of the above development and dissolution of the Assam Legislative Assembly with effect from fore-noon of 06.05.2026, the tenure of the respondent no. 1 as an MLA Ratabari [SC] Constituency had come to an end during the pendency of the writ petition. As a result, issuance of quo warranto against the respondent no. 1 has been rendered infructuous in this writ petition. Therefore, the writ petition is closed as infructuous. 5. However, as the issue which had been raised in this writ petition, has remained to be adjudicated, the question is left open to be adjudicated in an appropriate case. JUDGE Comparing Assistant