Page No.# 1/3 vs Sri Bijoy Malakar And 7 Orts
2026 Latest Caselaw 1078 Gua

Gauhati High Court

Page No.# 1/3 vs Sri Bijoy Malakar And 7 Orts on 11 February, 2026

                                                                  Page No.# 1/3

GAHC010282462025




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

                          Case No. : WP(C)/7368/2025

         SRI BRAJA GOPAL SINHA AND ANR
         SON OF LATE BIRO SINHA, RESIDENT OF VILLAGE AND P.O.
         BIDYANAGAR, DISTRICT -SRIBHUMI, ASSAM, PIN-788734

         2: SRI BIJOY KUMAR KANU
          SON OF LATE INDRAJIT KANU VILLAGE-CHARGOLA TEA ESTATE P.O.
         LILACHILA
          DISTRICT-SRIBHUMI
         ASSAM PIN-78873

         VERSUS

         SRI BIJOY MALAKAR AND 7 ORTS
         MEMBER OF LEGISLATIVE ASSEMBLY MLA FROM L.A.1, RATABARI SC
         CONSTITUENCY, ASSAM. SON OF SRI SANKAR MALAKAR, RESIDENT OF
         HOUSE NO.5, COLLEGE ROAD, WARD NO.06 OF RAMKRISHNA NAGAR
         TOWN, P.O. AND P.S. RAMKRISHNA NAGAR, DISTRICT-SRIBHUMI, ASSAM,
         PIN- 788166

         2:THE STATE OF ASSAM
          REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM
          DISPUR
          GUWAHATI-6

         3:THE SPEAKER
         ASSAM LEGISLATIVE ASSEMBLY
          DISPUR
          GUWAHATI-6

         4:THE DISTRICT COMMISSIONER
          SRIBHUMI
          P.O AND DISTRICT-SRIBHUMI
         ASSAM
                                                                               Page No.# 2/3

             PIN-788710

            5:THE SUPERINTENDENT OF POLICE (BORDER)

             SRIBHUMI DISTRICT
             P.O. AND DISTRICT-SRIBHUMI
             ASSAM
             PIN-788710

            6:THE CHIEF ELECTORAL OFFICER
            ASSAM
             4TH FLOOR
             C BLOCK JANATA BHAWAN
             DISPUR
             GUWAHATI 781006


            7:THE DISTRICT ELECTION OFFICER
             SRIBHUMI
             P.O. AND DISTRICT-SRIBHUMI
            ASSAM
             PIN-788710

            8:THE ELECTION COMMISSION OF INDIA
             REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
             NIRVACHAN SADAN
            ASHOKA ROAD
             NEW DELHI-11000

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

Advocate for the Respondent : SC, ECI, N.R. SHARMA(R3),MR A SHARMA(R3),P
BHOWMICK(R3),MR. A KHOUND(R3),MS. N CHOUDHURY(R3),MR. A K BHUYAN(R3),MS B
BHUYAN(R3),MR. J PAYENG, SC, F.T, (R.5),R M BAROOAH (R-1),MR. DEBANUJ DUTTA(R-
1),SC, ECA,GA, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                        ORDER

Date : 11-02-2026 Heard Mr. P.K.R. Choudhury, learned counsel for the petitioner. Also heard Mr. T. J. Mahanta, learned Sr. counsel appearing for the respondent No. 1, Mr. D. Saikia, learned Page No.# 3/3

AG, Assam appearing for the State respondent Nos. 2 to 5, Mr. A.I. Ali, learned standing counsel, ECI appearing for the respondent Nos. 6 & 8 and Mr. S.S. Roy, learned Govt. Advocate, Assam representing respondent No. 7.

Mr. D. Saikia, learned AG, Assam appearing for the State respondents has submitted that an affidavit raising the issue of maintainability of the present writ petition would be filed on behalf of the respondents represented by him within a period of 03 weeks.

Mr. T.J. Mahanta, learned Sr. counsel appearing for the respondent No. 1 submits that he may be granted 03 weeks' time to file an affidavit on behalf of the respondents represented by him and also raising therein the issue of maintainability of the present writ petition.

The prayer is not objected to by the learned counsel for the writ petitioner.

Accordingly, Registry to list this matter again on 10-03-2026.

JUDGE

Comparing Assistant