Page No.# 1/3 vs Md. Nabi Hussain And 4 Ors
2025 Latest Caselaw 4348 Gua

Gauhati High Court

Page No.# 1/3 vs Md. Nabi Hussain And 4 Ors on 21 March, 2025

                                                                   Page No.# 1/3

GAHC010119582022




                                                            2024:GAU-AS:5203

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

                          Case No. : WP(C)/4102/2022

         MD. MATIBUR RAHMAN
         S/O- LATE MUSLIM UDDIN OF VILL- DAKHIN KALADUBA, P.S. JURIA,
         DIST.- NAGAON, ASSAM. PIN- 782124.



         VERSUS

         MD. NABI HUSSAIN AND 4 ORS
         S/O- LATE SAMSUDDIN, R/O- UTTAR KALADUBA, P.S. JURIA, DISTRICT-
         NAGAON, ASSAM, PIN- 782124.

         2:DEPUTY COMMISSIONER-CUM-RETURNING OFFICER
          NAGAON
          DISTRICT- NAGAON
         ASSAM.

         3:DULAL DEBNATH
         ADDITIONAL DEPUTY COMMISSIONER
          NAGAON
          CUM- IN- CHARGE
          PANCHAYAT ELECTION
          OF 55 NO. JENGONI
          KALADUBA GAON PANCHAYAT
          DISTRICT- NAGAON
         ASSAM.

         4:TAHARUN NESSA
         W/O- IKRAMUL HUSSAIN
         VILL. JENGONI
          MOUZA- ALITANGONI
          P/S- DHING
          DIST.- NAGAON
         ASSAM.
                                                                               Page No.# 2/3


              5:MUSTAKIM ALOM
               S/O- ABDUL MUNNAF
               R/O- DAKHIN KALADUBA
               MOUZA- ALITANGONI
               P/S- JURIA
               DIST.- NAGAON
              ASSAM

Advocate for the Petitioner   : MR. N H MAZARBHUIYAN, MS. L WAJEEDA,MR. N
ISLAM,MR. M H SAIKIA

Advocate for the Respondent : GA, ASSAM, MR. A Y CHOUDHURY (R-5),MR. T A
CHOUDHURY (R-5),MS S Z HAYAT (R-4),FOR CAVEATOR,M ALOM,MR. A AHMED,MR K U
AHMED,MRS. S Y AHMED,MR. M K HUSSAIN


                                          BEFORE
                   HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY


                                           ORDER

21-03-2025

1. By filing this writ petition, the judgment and order dated 04.06.2022 passed by the District Judge-cum-Chairman, Panchayat Election Tribunal, Nagaon in connection with Election Petition No. 01(N)/2019, has been put to challenge, inter alia, on the ground that the findings and conclusions arrived at by the learned Tribunal are perverse in the eye of law.

2. It is submitted by the learned counsel for the respondents that the tenure of the aforesaid Panchayat, has, in the meantime, expired in the month of December, 2023.

3. Be that as it may, due to continuous non-representation of the petitioner, by order dated 03.06.2024, the matter was dismissed for non-prosecution. However, considering that on that day, i.e., on 03.06.2024, there was unprecedented heavy rain, therefore, the learned counsel for the petitioner could not appear before the Court, by order dated Page No.# 3/3

17.09.2024, the writ petition was restored. Subsequently, the petitioner was asked to correct the cause title, in view of the change in situation. However, Office Note dated 11.03.2025 discloses that the petitioner has not submitted any amended cause title.

4. None appears for the petitioner on call today, though the names of four counsels for

him have been reflected in the cause list.

5. Considering the aforesaid, this writ petition stands dismissed for non-prosecution.

JUDGE

Comparing Assistant