Mirza Newaj Sharif vs The State Of Assam And 4 Ors
2022 Latest Caselaw 962 Gua

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GAHC010049092022




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/1840/2022

         MIRZA NEWAJ SHARIF
         S/O. LT. ABDUL KADER, VILL. BHATNA PHAITY, P.S. ALOPATI CHAR, P.O.
         DHARMAPUR, PIN-781127, DIST. BARPETA, ASSAM.

         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMM. AND SECY., GOVT. OF ASSAM, PANCHAYAT AND
         RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-781006, DIST.
         KAMRUP (M), ASSAM.

         2:THE DEPUTY COMMISSIONER CUM RETURNING OFFICER

          BARPETA
          ASSAM
          PIN-781301.

         3:THE COMMISSIONER
         ASSAM STATE ELECTION COMMISSION
          HOUSEFED COMPLEX
          DISPUR
          GUWAHATI-06
          DIST. KAMRUP (M)
         ASSAM.

         4:BOSIR UDDIN AHMED
          S/O. MONUR UDDIN
         VILL. BHATNA PAITY
          P.O. BHAGMARA CHAR
          P.S. ALOPATI CHAR
          PIN-781127
          DIST. BARPETA
         ASSAM.
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            5:ABDUS SATTAR ALI
             S/O. LT. KALU SHEIKH
            VILL. BHATNA PAITY
             P.S. ALOPATI CHAR
             P.O. DHARMAPUR
             PIN-781127
             DIST. BARPETA
            ASSAM

Advocate for the Petitioner   : MR. A SATTAR

Advocate for the Respondent : GA, ASSAM


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 21.03.2022 Heard Mr. H.K. Barua, learned counsel for the petitioner; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 2; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] for the respondent no. 3.

The petitioner contested for the post of President of No. 70 Dharmapur Bhatna Paity Gaon Panchayat under No. 1 Mandia Anchalik Panchayat, District-Barpeta, Assam in the Panchayat Election held in the year 2018. The election was held on 09.12.2018 and in the results declared on 13.12.2018, the respondent no. 4 was declared elected as the President of the said Gaon Panchayat as he secured a total 3765 votes against 3667 votes secured by the petitioner. Dissatisfied with the election results, the petitioner preferred an election petition, Election Petition no. 12/2020 before the Court of learned District Judge, Barpeta [Election Tribunal]. After conclusion of the proceedings, the learned Election Tribunal has rendered the judgment on 28.01.2022 whereby the election petition preferred by the petitioner has been dismissed. Aggrieved thereby, the petitioner has preferred this writ petition.

Issue notice of motion, returnable in 4 [four] weeks.

As Ms. Barman has appeared and accepted notice on behalf of the respondent no. 2 and Mr. Dubey has appeared and accepted notice on behalf of for the respondent no. 3, no formal notices need to be issued in respect of the said respondents. The learned counsel for Page No. 3/3

the petitioner shall supply requisite nos. of extra copies of the writ petition along with annexures, to Ms. Barman and Mr. Dubey within 3 [three] working days.

The learned counsel for the petitioner shall also serve a copy of the writ petition along with the annexures, to the learned Standing Counsel, Panchayat & Rural Development [P&RD] for the respondent no. 1 within 3 [three] working days.

The petitioner shall take steps for service of notice upon the respondent nos. 4 & 5 by registered post with A/D within 3 [three] working days.

JUDGE

Comparing Assistant