Ibrahim Ali vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1478 Gua

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GAHC010080352022




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

                          Case No. : WP(C)/2860/2022

         IBRAHIM ALI
         S/O LATE KHORSED ALI, VILL-NICHUKA, P.O. AND P.S.-BARPETA ROAD,
         DIST-BARPETA, ASSAM, PIN-781315



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY ELECTION COMMISSIONER, GOVERNMENT OF ASSAM,
         HOUSEFED COMPLEX, DISPUR, GUWAHATI-781006

         2:THE RETURNING OFFICER (PANCHAYAT ELECTION-2017-2018) BARPETA
          CUM DEPUTY COMMISSIONER
          BARPETA DISTRICT
          P.O.-BARPETA
          DIST- BARPETA
         ASSAM
          PIN-781301

         3:THE DISTRICT ELECTION OFFICER (PANCHAYAT ELECTION-2017-2018)
          CUM ADDITIONAL DEPUTY COMMISSIONER
          BARPETA DISTRICT
          P.O.-BARPETA
          DIST- BARPETA
         ASSAM
          PIN-781301

         4:THE ASSISTANT RETURNING OFFICER (PANCHAYAT ELECTION 2017-
         2018) BARPETA
          CUM CIRCLE OFFICER
          BARNAGAR REVENUE CIRCLE
          SORBHOG
          P.O. AND P.S.-SORBHOG
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             DIST-BARPETA
             ASSAM
             PIN-781317

            5:THE OFFICER IN-CHARGE
             BARPETA SADAR POLICE STATION
             BARPETA
             P.O.-BARPETA
             DIST-BARPETA
            ASSAM
             PIN-781301

            6:ANOWAR MONDAL @ BABUL
             S/O SHRI FAJOL HOQUE
            VILL-SHAHAPUR
             P.O. AND P.S.-SORBHOG
             DIST-BARPETA
            ASSAM
             PIN-78131

Advocate for the Petitioner   : MR M AHMED

Advocate for the Respondent : SC, ELECTION COMMISSION.




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

06.05.2022

Heard Mr. M. Ahmed, learned counsel for the petitioner; Mr. R. Dubey, learned Standing Counsel, State Election Commission for the respondent nos. 1 - 4; and Ms. S. Sarma, learned Junior Government Advocate, Assam for the respondent no. 5.

The petitioner is challenging the judgment and order dated 23.03.2022 passed in Election Petition no. 38/2019 by the Panchayat Election Tribunal at Barpeta.

The election petition was preferred by the petitioner alleging inter alia that the respondent no. 6 who contested in the election for the post of President, No. 46 Nichuka Gaon Panchayat, along with his nomination paper, had submitted a forged certificate regarding his HSLC qualification. According to the petitioner, Section 111[2][d] of the Assam Panchayat Act, 1994, as Page No.# 3/3

amended, has the effect of disqualifying the respondent no. 6 from contesting in the Panchayat Election.

Issue notice of motion, returnable in 6 [six] weeks. As Mr. Dubey, learned Standing Counsel, State Election Commission has appeared and accepted notices on behalf of the respondent nos. 1 - 4; and Ms. Sarma, learned Junior Government Advocate, Assam has appeared and accepted notice on behalf of the respondent no. 5, no formal notices need to be issued to the said respondents. Mr. Ahmed shall furnish requisite nos. of extra copies along with the annexures, to Mr. Dubey and Ms. Sarma within 2 [two] working days.

The petitioner shall take steps for service of notice upon the respondent no. 6 by registered post with A/D within 4 [four] working days from today.

List the case after 6 [six] weeks.

JUDGE

Comparing Assistant