Gauhati High Court
Aminul Haque Laskar vs Karim Uddin Barbhuiya And 12 Ors on 1 May, 2024
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
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GAHC010191912023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No: El.Pet./1/2021
AMINUL HAQUE LASKAR
S/O LATE ALA UDDIN LASKAR
R/O BERENGA PART-II
P.O.-BERENGA
P.S.-SILCHAR
DIST-CACHAR
ASSAM
VERSUS
KARIM UDDIN BARBHUIYA AND 12 ORS.
S/O LATE RAHIM UDDIN BARBHUIYA
R/O DHONEHARI PART-II
P.O.-SILDUBI
P.S.-SONAI
DIST-CACHAR
PIN-788112
2:M. SANTI KUMAR SINGHA
S/O KALEN SINGHA
R/O DHANEHARI PART-III
LAMARGRAM KHUNON
P.O.-KAZIDAHAR
P.S.-SONAI
DIST-CACHAR
ASSAM
PIN-788115
3:ANJAN KUMAR CHANDA
S/O LATE PULIN BIHARI CHANDA
R/O VILL-KABIURA UTTER KRISHNAPUR PART-I
P.O.-MEHERPUR
P.S.-SILCHAR
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DIST-CACHAR
ASSAM
PIN-788015
4:XXX
(RESPONDENT NO. 4 DELETED)
5:ABDUL MATLIB LASKAR
S/O LATE REJAK ALI LASKAR
R/O UTTAR KRISHNAPUR
P.O. AND P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788006
6:ASHISH HALDAR
S/O ASHUTOSH HALDAR
R/O VILL-DORGAKONA
P.O.-ASSAM UNIVERSITY
SILCHAR
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788011
7:ANAMUL HAQUE
S/O LATE MUDASSIR AHMED LASKAR
R/O VILL-DHONEBARI PART-II
P.O.-SILDUBI
P.S.-SONAI
DIST-CACHAR
ASSAM
PIN-788001
8:KARIM UDDIN BARBHUIYA
S/O LATE FOZIZUR RAHMAN BARBHUIYA
R/O VILL AND P.O.-JHANJARBALI
P.S.-SONIA
DIST-CACHAR
ASSAM
PIN-788119
9:DILIP KUMAR DAS
S/O SRI DARSHAN DAS
R/O VILL-BABUTILLA BHORAKHAI GRANT
P.O.-NIT
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788010
10:MD NAZRUL ISLAM LASKAR
S/O LATE SANUHAR ALI LASKAR
R/O VILL-GANGANAGAR PART-I
P.O.-SAINT KATHERINE
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P.S.-KACHUDARAM
DIST-CACHAR
ASSAM
PIN-788099
11:BIJAN PAUL
S/O LATE BADOL PAUL
R/O GHUNGHUR
NEAR SILCHAR MEDICAL COLLEGE
P.O.-GHUNGHUR
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788114
12:SHUKUMAR SONAR
S/O SHRI RAM BIKASH SONAR
R/O VILL-FAKIRTILLA
BHORAKHAI GRANT
P.O.-NIT
SILCHAR
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788010
13:SAYAL AHMED BARBHUIYA
S/O LATE SAJIR UDDIN BARBHUIYA
R/O VILL- UTTAR KRISHNAPUR PART-II
P.O.-UTTAR KRISHNAPUR
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788006
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Advocate for : MR D MAZUMDER
Advocate for : MR S BORTHAKUR appearing for KARIM UDDIN BARBHUIYA
AND 12 ORS.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 01.05.2024
Heard Mr. N.M. Mazarbhuiya, learned counsel for the petitioner. Also
heard Mr. K.P. Pathak, learned senior counsel, assisted by Mr. I. Kalita, learned
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counsel for the respondent no.1.
2. The learned senior counsel for the respondent no.1 has produced a
copy of judgment dated 08.04.2024, passed by the Supreme Court of India in
Civil Appeal No. 6282/2023. By the said judgment, this election petition was
dismissed. A copy of the said judgment is made as a part of record.
3. The learned senior counsel for the respondent no.1 has referred to the
provisions of Section 103 of the Representation of Peoples Act, 1951, which is
quoted below:
"103 : Communication of orders of the High Court:
The High Court shall, as soon as may be after the conclusion of the trial of an election
petition, intimate the substance of the decision to the Election Commission and the
Speaker or Chairman, as the case may be, of the House of Parliament or of the State
Legislature concerned and, as soon as may be thereafter, shall send to the Election
Commission an authenticated copy of the decision.]"
4. Accordingly, it is submitted that the authenticated copy of the order of
conclusion of trial is required to be sent to the Honourable Speaker of the State
Legislative Assembly, Election Commission of India as well as State Election
Commission, Assam. He has further submitted that notwithstanding that the
disposal of the election petition vide order passed by the Supreme Court of
India, the order is required to be communicated to the concerned authorities.
5. Taking note of the disposal of this election petition by the judgment of
the Supreme Court of India as referred above, the prayer made by the learned
senior counsel for the respondent no.1, having not been objected to by the
learned counsel for the petitioner stands allowed.
6. Let the authenticated copy of the judgment dated 08.04.2024, passed
by the Supreme Court of India in Civil Appeal No. 6282/2023 be sent to the
Honourable Speaker of the State Legislative Assembly, Election Commission of
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India as well as State Election Commission, Assam and other requirement of
Section 103 of the Representation of Peoples Act, 1951 shall also be complied
with.
7. Accordingly, this election petition stands closed as per the order of the
Supreme Court of India.
JUDGE
Comparing Assistant
