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1993 Supreme(Gau) 5

S.N.PHUKAN
Hazarat Ali and Ors. – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
A.C.Buragohain, U.C.Bhattacharjee, T.J.Mahanta, M.R.Saikia, K.C.Mahanta, D.Das, D.C.Mahanta

The present petition has been filed by 10 persons under Article. 226 of the Constitution praying for quashing the notification issued by the Government on 11th Feb 92 reconstituting the Anchalik Panchayat within the Development Block under Bilasipara Mahakuma Parishad (Annexure 7 to the writ petition) and also the election notice issued by the Sub-Divisional Officer, Bilasipara notifying that elections to the Gaon Panchayat mentioned in the said notice would be held as per programme mentioned in the said notice vide Annexure 9.

2. Under the Assam Panchayati Raj Act, 1986 for short the Act, there are three tier Panchayat, Gaon Panchayat, Anchalik Panchayat and Mahkuma Parishad. Rules were framed under the said Act and these Rules are known as Assam Panchayati Raj (Constitutions) Rules 1990, for short the Rules. After the general elections to the State Assembly held in January, 1991 a Ministry was formed. The Government reconstituted the Gaon Panchayats and Anchalik Panchayats in Bilasipara Sub-Division and the said notification is available at Annexure 1 to the writ petition. A corrigendum was also issued altering the territorial jurisdiction of Hatipata Gaon Panchayat on 2.11.90


































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