Ranjan Rabha v. The State of Assam and 5 Ors

O R D E R

14.08.2024

Heard Mr. D. Mazumdar, the learned counsel appearing on behalf of the petitioner. Mr. R. Dhar, the learned counsel appears on behalf of the respondent Nos.1 to 4 and Mr. P. N. Goswami, the learned Additional Advocate General, Assam appears on behalf of the respondent No.5.

¶2Taking into account the issues involved in the instant writ petition, this Court takes up the instant writ petition for disposal at the motion stage.

¶3The petitioner herein claims to be a member of the Rabha community. The grievance of the petitioner primarily is as regards the extension given for a period of another 6 months to the Rabha Hasong Autonomous Council vide the notification dated 06.08.2024. It is seen that the said exercise has been carried out in terms with Section 7 (3) of the Rabha Hasong Autonomous Council Act, 1995 which stipulates that the Governor may upon being satisfied that the circumstances exist which render the holding of the election as provided impracticable, extend the term for a period not exceeding one year. A further perusal of the said notification reveals that initially the period of the Rabha Autonomous Page No.# 3/4 Council ought to have expired on 12.02.2024 which was however extended for a period of 6 months vide the notification dated 10.02.2024. Thereupon, vide the notification dated 06.08.2024, it has been again extended on the ground that the Assam State Election Commission vide the letter No.SCC.26/2023/47 dated 29.06.2024, informed that some additional time would be required for holding the election. Taking into account the reason which is self explicit in the notification dated

06.08.2024, it is the opinion of this Court that it is not a fit case for exercise of the powers of judicial review in respect to the notification dated 06.08.2024.

¶4This Court, however, observes that taking into account the Section 7

(3) of the Rabha Hasong Autonomous Council Act, 1995 which mandates that the maximum period for which an extension can be given is one year, the petitioner herein would however be at liberty to approach this Court if pursuant to the extension so given vide the notification dated 06.08.2024, the elections are not held after the expiry of the extended period vide the Notification dated 06.08.2024.

¶5This Court further takes note of that the petitioner had also sought for writ in the nature of mandamus directing the respondent authorities to take action against the respondent No.4 by cancelling his caste certificate which was produced by him to hold the post of Executive Member of the Rabha Hasong Autonomous Council, Dudhno, Goalpara, Assam. It is seen that pursuant to the representations so submitted to the respondent No.1, the Chief Secretary to the Government of Assam as well as to the Governor of Assam and the Chief Minister of Assam, a process has already been initiated as could be seen from the communication dated 19.06.2024 Page No.# 4/4 issued by the Additional Secretary to the Government of Assam, Department of Tribal Affairs (Plain), Dispur.

¶6Taking into account that a proceedings has already been initiated on the basis of the said representation, this Court would not like to issue any direction at this stage. This Court, however, expects that the concerned respondent authorities shall bring the said proceedings to a logical conclusion within a reasonable time frame.

¶7With the above observation and direction, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010161812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4059/2024o RANJANoRABHAo S/OoLATEoINDRAoMOHANoRABHA,oRESIDENToOFoKHATKHATI,oPOoANDoPSo BOKO,oDISToKAMRUPoASSAMo781123 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oTRIBALoAFFAIRSo(PLAIN)oDEPARTMENT,oDISPURoGUWAHATIo 781005 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoTRIBALoAFFAIRSo(PLAIN)oDISPUR oGUWAHATIo781005 3:THEoADDITIONALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoTRIBALoAFFAIRSo(PLAIN)oDISPUR oGUWAHATIo781005 4:THEoDIRECTOR oDEPARTMENToOFoTRIBALoAFFAIRSo(PLAIN) oRUKMINIGAON oDISPUR oGUWAHATIo781005 5:THEoGENERALoCOUNCIL oRABHAoHASONGoAUTONOMOUSoCOUNCIL oREP.oBYoITSoCHIEFoEXECUTIVEoMEMBERoDUDHNOIoGOALPARAoASSAMo 783124 6:SRIoTANKESWARoRABHA oCHIEFoEXECUTIVEoMEMBER Page No.# 2/4 RABHA HASONG AUTONOMOUS COUNCIL DUDHNOI GOALPARA ASSAM 78312 For the petitioner (s) : Mr. D. Mazumdar, Advocate For the respondent (s) : Mr. R. Dhar, Advocate Mr. P. N. Goswami, AGA BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH