Nazma Ahmed vs The State Of Assam And 6 Ors
2022 Latest Caselaw 4439 Gua

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GAHC010205252022




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

                         Case No. : WP(C)/6614/2022

         NAZMA AHMED
         WIFE OF RAFIQUL ISLAM AHMED,
         R/O- SIMALUATI,
         P.O.- ALITANGANI,
         P.S.- JURIA,
         DISTRICT- NAGAON, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE CHIEF SECRETARY TO
         THE GOVT. OF ASSAM,
         DISPUR, GUWAHATI-6.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
          DISPUR
          GUWAHATI-6

         KAMRUP(M)
         ASSAM.

         3:THE ASSAM STATE ELECTION COMMISSION
          REPRESENTED BY ITS COMMISSIONER
          HOUSEFED COMPLEX

         DISPUR
         GUWAHATI-6.

         4:THE DEPUTY COMMISSIONER
          NAGAON
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             DISTRICT- NAGAON
             ASSAM.

            5:NO. 6 JARABARI ALITANGANI ZPC
             DISTRICT- NAGAON
            ASSAM

            REPRESENTED BY CHIEF EXECUTIVE OFFICER.

            6:NO. 51
             SONAIBERA
             SIMOLUATI GAON PANCHAYAT
             UNDER 6 NO . JARABARI ALITANGANI ZPC

            DISTRICT- NAGAON
            ASSAM

            REPRESENTED BY CHIEF EXECUTIVE OFFICER.

            7:MUSSTT. ANJUWARA AHMED
            W/O- MD. IMAM HUSSAIN

            R/O- DONAIBERA

            SIMALUATI GAON

            UNDER JURIA POLICE STATION

            DISTRICT- NAGAON
            ASSAM

            PIN- 782124.

            8:THE BOARD OF SECONDARY EDUCATION
            ASSAM

             BAMUNIMAIDAM
             GUWAHATI - 781021

Advocate for the Petitioner   : MR. J I BORBHUIYA

Advocate for the Respondent : GA, ASSAM
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                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

14.11.2022

Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned counsel for the respondent nos.1 & 4; Mr. S. Dutta, learned counsel for the respondent nos.2, 5 & 6; Mr. R. Dubey, learned counsel for the respondent no.3; Mr. M.K. Hussain, learned counsel for the respondent no.7 and Mr. T.C. Chutia, learned counsel for the respondent no.8.

2. The petitioner herein has prayed for a Writ of quo warranto quo against the respondent no.7, whose election as President of No.51, Sonaibera, Simoluati Gaon Panchayat had been set aside by the Panchayat Election Tribunal, Nagaon, vide judgment dated 27.07.2022 passed in Election Petition No.19(N)/2019.

3. The petitioner's case is that the respondent no.7 had been elected to the post of President of No.51, Sonaibera, Simoluati Gaon Panchayat without having the necessary educational qualification for the said post. However, on the basis of a fake certificate submitted by the respondent no.7, he was allowed to participate in the election process and had been accordingly elected.

4. The petitioner submitted Election Petition No.19(N)/2019 before the Panchayat Election Tribunal, Nagaon, challenging the election of the respondent no.7 as President. The Panchayat Election Tribunal, Nagaon thereafter, vide judgment dated 27.07.2022 disposed of Election Petition No.19(N)/2019, by setting aside the election of the respondent no.7 as President and directed the State respondents to hold fresh election for the post of President.

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5. Being aggrieved by the judgment passed by the Panchayat Election Tribunal, Nagaon in Election Petition No.19(N)/2019, the respondent no.7 challenged the same by way of WP(C) No.5006/2022 in this Court. This Court, in it's order dated 17.08.2022 passed in WP(C) No.5006/2022, stayed the operation of the judgment dated 27.07.2022 passed by the Panchayat Election Tribunal, Nagaon in Election Petition No.19(N)/2019.

6. The petitioner's counsel submits that the petitioner has been arrayed as respondent no.4 in WP(C) No.5006/2022 and that the petitioner has also filed I.A.(C) No.2089/2022 for modification of the interim order dated 17.08.2022 passed in WP(C) 5006/2022. However, I.A.(C) No.2089/2022 has not been decided till date.

7. The petitioner's counsel submits that the issue in the present case is with regard to respondent no.7 still holding the post of President of No.51, Sonaibera, Simoluati Gaon Panchayat, even though her election had been set aside by the Panchayat Election Tribunal, Nagaon. He submits that the respondent no.7 not having the educational qualification for the said post, the respondent no.7 cannot be allowed to hold the post of President.

8. The counsels for the respondents, on the other hand submit that the issues raised by the petitioner in this case are all going to be decided in WP(C) No.5006/2022. The respondents counsels also submit that the petitioner vide I.A.(C) No.2089/2022 has made a challenge to the interim order dated Page No.# 5/6

17.08.2022 passed in WP(C) No.5006/2022, whereby the judgment passed in Election Petition No.19(N)/2019 has been suspended by this Court. However, the said I.A.(C) No.2089/2022 has not been disposed of till date. They also submit that as the petitioner herein is the respondent no.4 in WP(C) No.5006/2022, the present writ petition is not maintainable.

9. I have heard the learned counsels for the parties.

10. The petitioner being aggrieved by the election of the respondent no.7 as the President of the concerned Gaon Panchayat, had filed Election Petition No.19(N)/2019 before the Panchayat Election Tribunal, Nagaon, taking a stand that the respondent no.7 submitted a fake certificate, as the respondent no.7 did not have the educational qualification for being elected as President. The Panchayat Election Tribunal, Nagaon, vide it's judgment dated 27.07.2022 disposed of Election Petition No.19(N)/2019, by setting aside the election of the respondent no.7 as President, by holding that the respondent no.7 had submitted a fake educational certificate and directed the State respondents to hold fresh election for the post of President.

11. The respondent no.7 has however, challenged the judgment dated 27.07.2022 passed by the Panchayat Election Tribunal, Nagaon in Election Petition No.19(N)/2019 in this Court, vide WP(C) No.5006/2022. This Court, vide interim order dated 17.08.2022 passed in WP(C) No.5006/2022, has suspended the operation of the judgment dated 27.07.2022 passed in Election Petition No.19(N)/2019.

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12. Thus it is clear from the above facts that the respondent no.7 is still holding on to the post of President, on the basis of the interim order passed by this Court in WP(C) No.5006/2022. The interim order dated 17.08.2022 passed in WP(C) No.5006/2022 has been put to challenge by the petitioner, vide I.A.(C) No.2089/2022 and as such the issue of continuation of the respondent no.7 as President, would depend upon the decision taken in I.A.(C) No.2089/2022 in WP(C) No.5006/2022.

The attempt by the petitioner to challenge the continuance of the respondent no.7 as President, by filing a writ of quo warranto, is nothing but a second challenge made to the interim order dated 17.08.2022 passed in WP(C) No.5006/2022, which cannot be allowed. As the legality of the judgment dated 27.07.2022 passed by the Panchayat Election Tribunal, Nagaon in Election Petition No.19(N)/2019 is being decided in WP(C) No.5006/2022, this Court is of the view that the issue of whether the respondent no.7 can hold the post of President, without having educational qualification for the same, is one of the issues to be decided by this Court in WP(C) No.5006/2022. There cannot be two parallel proceedings on the same issue.

12. Accordingly, in view of the reasons stated above, this Court does not find the present writ petition to be maintainable and the same is accordingly dismissed.

JUDGE

Comparing Assistant