Asab Uddin vs The State Of Assam And 6 Ors
2025 Latest Caselaw 1142 Gua

Gauhati High Court

Asab Uddin vs The State Of Assam And 6 Ors on 19 July, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                    Page No.# 1/3

GAHC010153122025




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

                          Case No. : WP(C)/3970/2025

         ASAB UDDIN
         S/O LATE AZIZUR RAHMAN, R/O VILL- KURTI, P.O.- KATHALTALI, DIST-
         SRIBHUMI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM,
         PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
         GUWAHATI-6

         2:THE COMMISSIONER
          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          JURIPAR
          PANJABARI
          GUWAHATI-37

         3:THE DISTRICT COMMISSIONER
          SRIBHUMI
          P.O. AND DIST- SRIBHUMI
         ASSAM
          PIN-788710

         4:THE CHIEF EXECUTIVE OFFICER
          CHANDKHIRA ZILLA PARISHAD
          P.O. AND DIST- SRIBHUMI
         ASSAM
          PIN-788710

         5:THE BLOCK DEVELOPMENT OFFICER
          LOAIRPORA DEVELOPMENT BLOCK
          P.O.- BAZARICHERRA
                                                                          Page No.# 2/3

            DIST- SRIBHUMI
            ASSAM
            PIN-788728

           6:THE SECRETARY
            NO. 8 KUKITAL GAON PANCHAYAT
            P.O.- KATHALTALI
            DIST- SRIBHUMI
           ASSAM

           7:BAHAR UDDIN
            S/O LATE ABDUL NOOR
            R/O VILL- KURTI
            P.O.- KATHALTALI
            P.S.- BAZARICHERRA
            DIST- SRIBHUMI
           ASSAM
            PIN-78872

Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR. S R BARBHUIYA,MR M
HUSSAIN,MR. A K AZAD,MR. N HAQUE

Advocate for the Respondent : SC, P AND R.D., GA, ASSAM




                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

19.07.2025

Heard Shri P.K.R. Choudhury, learned counsel for the petitioner.

As per the facts projected, the petitioner is a voter of Ward No. 8 of No. 8 Kukital Gaon Panchayat in the district of Sribhumi.

The grievance of the petitioner is the election of the respondent no. 7 who according to him is disqualified.

The petitioner has also annexed a judgment of this Court wherein there has been a disclosure of the respondent no. 7 having 10 nos. of children Page No.# 3/3

through two wives. The petitioner has submitted representations which however have not been looked into.

Shri N. Das, learned State Counsel as well as Ms. P. Thapa, learned counsel appearing on instruction of the S. Dutta, learned Standing Counsel P&RD have however raised the objection of locus by submitting that no legal prejudice has been able to be made out by the election of the respondent no. 7.

Let notice be issued, returnable by 6 (six) weeks.

Ms. Thapa, the learned counsel accepts notice on behalf of the respondent nos.1, 2, 4, 5 and 6 whereas Shri N. Das, learned counsel accepts notice on behalf of the respondent no.3

Extra copies of the writ petition be served upon the learned counsel for the respondents within 2 (two) working days from today.

Steps for service of notice upon the respondent no. 4 to be taken by registered post with A/D within 2 (two) working days from today.

The issue of the maintainability of the writ petition on the aspect of locus as well as the relief prayed for is however kept open.

JUDGE

Comparing Assistant