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2018 Supreme(Gau) 1610

IN THE HIGH COURT OF GAUHATI
Ujjal Bhuyan, J.
Lila Sarma and Ors. – Appellants
Vs.
State of Assam and Ors. – Respondents
W.P.(C) Nos. 8065, 8066, 8070, 8071, 8074, 8079, 8081 and 8082 of 2018
Decided On : 28-11-2018

Advocates Appeared:
For the Appellant :M.K. Choudhury, H.R.A. Choudhury, A. Sarma, M.A.R. Bhuyan, J.M.A. Choudhury, S.K. Nargis, Suryadeep Dey, B.K. Das and P. Saikia, Advocates
For the Respondent:N. Borah, M.H. Choudhury, Advocates and M. Nath, G.A.

Headnote:

Constitution of India, 1950 - Articles 329, 243, 243O, 243K, 226 and 324 - Assam Panchayat Act, 1994 - Sections 129, 114, 127 and 141 - Representation of People Act, 1951 - Sections 80, 100 and 86 - Panchayat Election - Issue raised in this bunch of writ petitions relates to rejection of nominations of petitioners for contesting ensuing panchayat election in State - Prayer made is for quashing such rejection and for directing respondents to allow petitioners to contest election by treating their nominations as valid - Though detailed narration of facts of individual cases may not be necessary however for a proper appreciation of controversy it would be apposite to briefly narrate facts of individual cases - Their case is that they had submitted nominations for posts of President of Panchayats and Member in district - Their nominations have been rejected on ground of non-submission of clearance certificates – Held, Coming to all important issue dealt with by question No - 3 Court is of view that election as per schedule is just round corner - Today is 28th of November and first phase of election is just 7 days away - Intervention by writ Court at this stage would cause manifold administrative problems for State Election Commission besides creating confusion in minds of electorate - electorate must have a clear picture before them while exercising their right of franchise - Intervention by Court at this eleventh hour would confuse situation which would not be in interest of free and fair election - In that view of matter Court is not inclined to entertain writ petitions - However petitioners would have their remedy which provides for filing of election petition within days from date of declaration of result - As noticed above election results are scheduled to be declared - Petitioners may avail their remedy within days and if such election petitions are filed concerned Election Tribunals shall expeditiously hear and decide election petitions if necessary on day-to-day basis - It may be pointed out that every election petition is required to be tried as expeditiously as possible and endeavour should be made to conclude trial within six months from date on which election petition is presented - Writ petitions are accordingly disposed of.

ORDER :

Ujjal Bhuyan, J.

1. This order will dispose of WP(C) Nos. 8065, 8066, 8070, 8071, 8074, 8079, 8081 and 8082/2018.

2. Heard Mr. M.K. Choudhury and Mr. HRA Choudhury, learned Senior counsel assisted by Mr. A. Sharma, Mr. A.R. Bhuyan, Mr. JMA Choudhury, Ms. S.K. Nargis, Mr. Suryadeep Dey, Mr. B.K. Das and Mr. P. Saikia, learned counsel for the petitioners. Also heard Mr. N. Borah, learned Standing Counsel, Assam State Election Commission and Mr. M. Nath, learned Standing Counsel, Panchayat and Rural Development Department, Govt. of Assam. Mr. M.H. Choudhury, learned counsel has appeared by filing caveat in WP (C) No. 8066/2018.

3. Issue raised in this bunch of writ petitions relates to rejection of nominations of the petitioners for contesting the ensuing panchayat election in the State of Assam. Prayer made is for quashing such rejection and for directing the respondents to allow the petitioners to contest election by treating their nominations as valid.

3.1. Though detailed narration of facts of individual cases may not be necessary, however, for a proper appreciation of the controversy, it would be apposite to briefly narrate the facts of individual cases.

4. In WP(C) No. 8065/2018, there are 7 petitioners. Their case is that they had submitted nominations for the posts of President of Gaon Panchayats and Member of Anchalik Panchayats in the district of Biswanath. Their nominations have been rejected on the ground of non-submission of Bakijai clearance certificates.

5. Petitioner in WP(C) No. 8066/2018 had submitted nomination for the post of Member of Anchalik Panchayat from No. 71 Besimara Gaon Panchayat in the district of Darrang. It is contended that his nomination was initially declared as valid on 16.11.2018 but was rejected on 17.11.2018 by striking off the same from the valid list of nominations. Ground given for such rejection is that petitioner was Secretary of Village Defence Party (VDP), thus holding an office of profit.

6. In WP(C) No. 8070/2018, petitioner had filed nomination for the post of President, No. 64 Kallayan Gaon Panchayat in the district of Darrang. Here also, his nomination was declared valid on 16.11.2018 but was rejected on 17.11.2018 on the ground of being VDP Secretary, thereby holding an office of profit.

7. In WP(C) No. 8071/2018, petitioner had filed nomination for the post of President, No. 93 Bagbari Gaon Panchayat, Karimganj. Her nomination was rejected on 20.11.2018 on the ground that her name was not included in the electoral roll of the concerned Panchayat.

8. Petitioner in WP(C) No. 8074/2018 had filed his nomination for the post of President, No. 66 Arimari Gaon Panchayat in the district of Darrang. It is contended that his nomination was found valid on 16.11.2018 but was however rejected on 17.11.2018 on the ground that petitioner was VDP Secretary and thus holding an office of profit.

9. In WP(C) No. 8079/2018, petitioner had filed nomination for the post of President, No. 39 Balabari Gaon Panchayat in the district of Darrang. His nomination was rejected on 19.11.2018 on the ground that he was VDP Secretary and, thus, holding an office of profit.

10. In WP(C) No. 8081/2018, petitioner had filed nomination for the post of President, No. 40 Sherpur Gaon Panchayat in the district of Darrang. However, his nomination was rejected on 19.11.2018 without assigning any reason. Since petitioner was Secretary of VDP, he has assumed that because he was Secretary of VDP, his nomination was rejected.

11. Lastly in WP(C) No. 8082/2018, petitioner had filed nomination for the post of President, Rajgarh Gaon Panchayat. Dibrugarh. Her nomination was rejected on 17.11.2018 on the ground that her party nomination was found to be defective and that she did not choose any other symbol of independent candidate.

12. Mr. M.K. Choudhury, learned Senior counsel in his submissions contended that nominations of the petitioners have been rejected on very trivial grounds. Petitioners want to participate in the panchayat

















































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