Rabindra Biswas v. The Assam State Election Commissioner and 3 Ors

ORDER Date : 02.02.2024

¶1Mr. R. Dhar, the learned Standing counsel appearing on behalf of the Bodoland Territorial Council, Department of the Government of Assam submitted that on 29.01.2024, a notification has been issued by the Governor of Assam in exercise of the powers under Rule 78(1) of the Bodoland Territorial Council (Election) Rules, 2004 whereby various BTC Election Tribunals have been constituted within their respective territorial jurisdiction to dispose of all election petitions challenging elections under the said Rules. The said notification has been placed before this Court during the course of hearing which is kept on record and marked with the letter "X".

¶2Taking into account the above, this Court therefore is of the opinion that Page No.# 3/3 nothing further survives for adjudication of the instant writ petition for which the instant writ petition stands closed.

¶3This Court however opines that as the BTC Election Tribunals have been constituted vide the notification dated 29.01.2024, the Petitioner will be well advised to take such appropriate steps as deemed fit.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010036862021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1541/2021o RABINDRAoBISWASo S/OoLATEoRAMoPADoBISWASo RESIDENToOFoVILLAGEoPUKHRIPAR,oPOoKAWLI,oPSoTAMULPUR,oDISTo BAKSA,oBTRoASSAMo781360 VERSUSo THEoASSAMoSTATEoELECTIONoCOMMISSIONERoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYo,oASSAM,oDISPUR,oGUWAHATIo781006,o ASSAM 2:THEoRETURNINGoOFFICERoCUMoSUBoDIVISIONALoELECTIONoOFFICER o27oNAGRIJULIo(NONoST)oBTCoCONSTITUENCY oTAMULPUR oSUBoDIVISION oDISToBAKSAo(BTR)oASSAMo781367 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oWELFAREoOFoPLAINSoTRIBESoANDoBACKWARDoCLASSESoDEPARTMENT oDISPUR oGUWAHATIo781003 4:SHRIoDHARMAoNARAYANoDAS oS/OoSRIoHARIoCHARANoDASo ELECTEDoCANDIDATEoFROMo27oNAGRIJULIo(NONoST)oBTCo CONSTITUENCY oUNDERoTAMULPURoSUBoDIVISION oDISToBAKSA oBTR Page No.# 2/3 ASSAM PERMANENT RESIDENT OF VILLAGE BIMALANAGAR PO DONGAR GAON PS TAMULPUR DIST BAKSA BTR ASSAM 781368 5:THE BODOLAND WELFARE DEPARTMENT GOVT.OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM BODOLAND WELFARE DEPARTMENT DISPUR GUWAHATI-781006 For the Petitioner(s) : Mr. P. N. Sarmah, Advocate For the Respondent(s) : Mr. R. Dhar, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH