Gauhati High Court
Anjuwara Ahmed vs Nazma Ahmed And 3 Ors on 17 August, 2022
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GAHC010150802022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5006/2022
ANJUWARA AHMED
WIFE OF IMAM HUSSAIN,
VILLAGE- SIMALUATI, P.S.- JURIA,
P.O.- ALITANGANI, PIN- 782124,
DISTRICT- NAGAON (ASSAM).
VERSUS
NAZMA AHMED AND 3 ORS.
WIFE OF MD. RAFIQUL ISLAM AHMED,
VILLAGE- SIMALUATI, P.S.- JURIA,
P.O.- ALITANGANI, PIN- 782124,
DISTRICT- NAGAON (ASSAM).
2:THE STATE ELECTION COMMISSION (PANCHAYAT ELECTION
2018)
REPRESENTED BY THE STATE ELECTION COMMISSIONER
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI
PIN- 781006.
3:THE DEPUTY COMMISSIONER
NAGAON CUM RETURNING OFFICER
PANCHAYAT ELECTION
2018
NAGAON
P.O. AND P.S.- NAGAON
DISTRICT- NAGAON (ASSAM)
PIN- 782001.
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4:MUSTT. JESMIN NAHAR
WIFE OF MD. NUR JAMAL
VILLAGE- SIMALUATI
P.S.- JURIA
P.O.- ALITANGANI
PIN- 782124
DISTRICT- NAGAON (ASSAM)
Advocate for the Petitioner : MR. M K HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 17-08-2022
Heard Mr. K.N. Choudhury, learned Sr. counsel assisted by Mr. M.K. Hussain,
learned counsel for the writ petitioner.
By filing this writ petition, the judgment dated 27-07-2022 passed by the learned
District Judge-cum-Chairman, Panchayat Election Tribunal, Assam in connection with El.
Petition No. 19(N)/2019 declaring the election of the writ petitioner as void, has been
assailed, inter alia, on the ground that the election petition itself was barred by limitation.
Notwithstanding the same, by an erroneous interpretation of Section 14 of the Limitation
Act, 1963, the time barred election petition has been entertained by the learned District
Judge-cum-Chairman of the Election Tribunal by ignoring the warrant of law.
It appears that by the impugned judgment dated 27-07-2022, the learned Tribunal,
while setting aside the election of the writ petitioner, has also directed that fresh election
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be held for the post of the President of No. 51 Sonaibera Simaluati Gaon Panchayat.
Mr. Choudhury submits that the impugned judgment is per-se illegal and therefore,
liable to be set aside by this Court.
Mr. S. Baruah, learned Govt. Advocate, Assam as well as Mr. R. Dubey, learned
standing counsel, State Election Commission, Assam pray for some time to obtain
instruction in the matter.
Issue notice of motion returnable on 21-09-2022.
Since Mr. R. Dubey has accepted notice on behalf of respondent No. 2 and Mr. S.
Baruah, learned Govt. Advocate, Assam has accepted notice on behalf of respondent No.
3, no formal notice is required to be sent to the said respondents.
Extra copies of the writ petition, requisite in numbers, be furnished to the learned
departmental counsel.
Petitioner to take steps for service of notice upon the remaining respondents by
registered post with A/D within 03 days from today.
Private respondents may also be served by means of dasti to be routed through the
Registry of this Court and thereafter, an affidavit of compliance be filed.
Since the question raised in this writ petition is on law point, it would not be
necessary for this Court to call for the LCR.
Subject to service of notice upon the private respondents, an attempt would be
made to consider the question of maintainability of the election petition at the stage of
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admission hearing of this writ petition.
Heard on the prayer of interim relief.
Considering the facts and circumstances of the case as well as the direction issued
by the learned Tribunal, it is hereby provided that operation of the impugned order dated
27-07-2022 shall remain suspended till the returnable date.
JUDGE
GS
Comparing Assistant
