Assam University Teachers Association v. The Election Commission of India and 8 Ors

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1.oTHEoELECTIONoCOMMISSIONoOFoINDIAoANDo8oORSo REPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSIONER,oELECTIONo COMMISSIONoOFoINDIAoNIRVACHANoSADAN,o ASHOKAoROAD,oNEWoDELHIo110001 2:THEoCHIEFoELECTORALoOFFICER,ooASSAM oELECTIONoDEPTT., o4THoFLOOR,oBLOCKoC, ASSAMoSECRETARIAToDISPUR oGUWAHATIo781006,oASSAM. 3:THEoADDITIONALoCHIEFoELECTORALoOFFICER,oASSAM oELECTIONoDEPTT.o4THoFLOOR oBLOCKoCoASSAMoSECRETARIAToDISPUR oGUWAHATIo781006,oASSAM. Page No.# 2/4 4:THE DIST. ELECTION OFFICER CUM DEPUTY COMMISSIONER SILCHAR, CACHAR, ASSAM 788001 5:UNION OF INDIA REPRESENTED BY THE SECY. DEPTT. OF HOME NORTH BLOCK RASHTRAPATI BHAWAN, NEW DELHI 110004 6:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. HOME DEPTT. DISPUR, GUWAHATI 6 7:UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECY. BHADUR SHAH ZAFAR MARG, NEW DELHI 110002 8:THE ASSAM UNIVERSITY REPRESENTED BY THE REGISTRAR ASSAM UNIVERSITY DORGAKONA, SILCHAR 788011 9:THE ASSAM STATE ELECTION COMMISSION, DISPUR, RUKMINIGAON, GUWAHATI, ASSAM-78100 For the Petitioner : Mr. K.K. Mahanta, Senior Advocate assisted by Ms. N. Begum, Advocate. For the Respondent(s) : Mr. A.I. Ali, Standing Counsel, Election Commission of India for respondent Nos.1, 2, 3 & 4.

: Mr. K. Gogoi, Central Government Counsel for respondent No.5. : Mr. D.K. Sarmah, Additional Senior Government Advocate, Assam for respondent No.6.

: Mr. A. Chamuah, Standing Counsel, UGC for respondent No.7.

: Mr. S.C. Keyal, Standing Counsel, Assam University for respondent No.8.

: Mr. R. Dubey, Advocate for respondent No.9.

Page No.# 3/4 – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

15.02.2024 (Vijay Bishnoi, CJ)

This writ petition is filed by the petitioner Association challenging the validity of the provisions of Section 159 of the Representation of the People Act, 1951 (in short, "the RP Act, 1951"). Reply to the writ petition was filed on behalf of the respective respondents opposing the contentions of the writ petition. After attempting to argue the matter on merits at length, Mr. K.K. Mahanta, learned Senior Counsel for the petitioner Association has submitted that he does not want to press this writ petition questioning the validity of Section 159 of the RP Act, 1951. However, he seeks liberty for the petitioner Association to move representation before the concerned authority in the Election Commission of India/State Election Commission, Assam for redressal of the grievances of the members of the petitioner Association regarding assignment of election duties to them. Learned counsel for the respondents have no objection if the liberty, as prayed for, is granted to the petitioner Association. In such circumstances, this writ petition is disposed of as withdrawn with liberty to the petitioner Association to move appropriate representation before the concerned authority in the Election Commission of India/State Election Commission, Assam for redressal of the grievances of the members of the petitioner Association regarding assignment of election duties. If such representation is filed by the petitioner Association within a period of 1(one) month from today, it is expected that the competent authorities of the Election Commission of India/State Election Commission, Assam shall consider the same objectively and expeditiously in the light of the Page No.# 4/4 guidelines issued by the Election Commission of India from time to time and under the provisions of the Handbook for the Returning Officer issued by the Election Commission of India. Learned counsel for the Election Commission of India/State Election Commission, Assam has assured that the representation, if any, is filed by the petitioner Association, as per the liberty granted, will be decided expeditiously.

JUDGE CHIEF JUSTICE Comparing Assistant