Page No.# 1/4 GAHC010095512026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2586/2026 SERAFOTH ULLAH MUNSHI S/O - SAWKAT ALI, R/O -DR. ZAKIR HUSSAIN ROAD, WARD NO. 9, P.O- DHUBRI, P.S. - DHUBRI, DISTRICT - DHUBRI, ASSAM, PIN -783301. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, COOPERATION DEPARTMENT, DISPUR, GUWAHATI - 6. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI - 6. 3:THE DISTRICT COMMISSIONER -CUM- DISTRICT ELECTION OFFICER DHUBRI ASSAM. 4:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI - 22. 5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES ASSAM DHUBRI - 783301 Advocate for the Petitioner : MR. J M A CHOUDHURY, MS. M PAUL,K G CHOWDHURY Advocate for the Respondent : GA, ASSAM, SC, ECI,SC, CO OP Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA JUDGMENT 18.05.2026 Heard Mr. JMA Choudhury, learned counsel for the petitioner. Also heard Mr. SK Talukdar, learned Standing Counsel, Co-operation Department, Ms. S Kataki, learned Standing Counsel, Election Commission of India for the respondent no.2 and Ms. U Sharma, learned State Counsel, Assam for the respondent no.3. 2] The petitioner is aggrieved by the impugned transfer order dated 15.03.2026, whereby the petitioner was transferred from Dhubri to Cachar. The petitioner is serving as a Senior Inspector/Auditor of Cooperative Societies. This impugned transfer order dated 15.03.2026 was issued in deference to the Election Commission notification dated 09.02.2026 in view of the ensuing State Assembly Election which was announced. Learned counsel for the petitioner submits that he was otherwise not covered of the said notification rather exempted under the said notification as by order dated 03.03.2026 he was already appointed as a Sector Officer for Zone 15 Berbhangi Zone and 72 Silghag Sector. According to the petitioner, the responsibility of serving as Sector Officer exempts him from the transfer policy of the Election Commission of India Page No.# 3/4 under Clause 7(iii) of the Notification dated 09.02.2026 issued by the Election Commission of India. The transfer order was issued primarily keeping in view the Election Commission of India Notification dated 09.02.2026 as the petitioner was posted in his home district at the relevant pint in time. It is submitted that the petitioner, however, was not released from his present place of posting by the Deputy Commissioner, Dhubri, due to he being engaged in the ensuing election as a Sector Officer. However, in spite of the election being over and the petitioner although exempted, the impugned transfer order dated 15.03.2026 has not been recalled. He filed a representation before the authorities on 06.04.2026, which, according to the petitioner, presently pending for disposal before the Secretary, Department of Cooperation, Government of Assam. 3] Mr. SK Talukdar, learned Standing Counsel, Cooperation Department submits that his instructions are not complete. 4] Ms. S. Kotaki, learned Standing Counsel, Election Commission of India, submits that the Election Commission notification dated 09.02.2026 issued by the Election Commission of India no longer has any effect, as the Model Code of Conduct has been lifted following the conclusion of the ensuing State Assembly Election. 5] Accordingly, this Court is of the view that since the representation dated Page No.# 4/4 06.04.2026 is pending before the Secretary to the Government of Assam, Cooperation Department and since the benefit of the Election Commission notification has already been availed of by the petitioner by virtue of the fact that he continued to be in the same place of posting and was not stated to have been released by the Deputy Commissioner, Dhubri, ends of justice will be met, if the direction is issued to the respondent authorities to expeditiously consider disposal of the representation dated 06.04.2026 by passing of a speaking order. 6] Accordingly, the writ petition stands disposed of directing the Secretary to the Government of Assam, Cooperation Department, to dispose of the representation dated 06.04.2026 by issuing a speaking order. Needless to say that any such order that is passed copies thereof will be served on the writ petitioner. The direction shall be complied with within a period of 3 (three) weeks from the date of receipt of the certified copies of this order. Till the disposal of the said order, the impugned order of transfer dated 15.03.2026 shall not be given effect to. JUDGE Comparing Assistant