ORDER :

1. This order will dispose of both WP(C) No. 1434/2019 and WP(C) No. 1632/2019.

2. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. J.M.A. Choudhury, learned counsel for the petitioner in WP(C) No. 1434/2019 and Mr. M.K. Choudhury, learned senior counsel assisted by Mr. SK Ghosh, learned counsel for the petitioner in WP(C) No. 1632/2019. Also heard Mr. M Nath, learned standing counsel, Panchayat and Rural Development Department, Assam and Mr. R Dhar, learned Government Advocate, Assam for Deputy Commissioner, Karimganj.

3. Matter relates to election to the post of President of Karimganj Zilla Parishad.

Elections to zilla parishads and other panchayat bodies were held in the month of December, 2018. Both the petitioners were elected as members of Karimganj Zilla Parishad. Petitioner in WP(C) No. 1434/2019 is from No. 14, Nilambazar Constituency whereas petitioner in WP(C) No. 1632/2019 is from No. 16, Ratabari Constituency.

4. On 2.2.2019, Deputy Commissioner, Karimganj issued notice calling for first meeting of Karimganj Zilla Parishad (‘Zilla Parishad’) on 11.2.2019 for taking oath of members as well as for election of President and Vice President.

5. It is stated that insofar election to Vice President is concerned, one Sri Sankar Malakar got elected. Regarding election to the post of President, both the petitioners put up their candidature. It is stated that on counting of votes both the candidates got equal number of votes. To overcome the situation, it was decided to go for tossing of coin under rule 45 of the of the Assam Panchayat (Constitution) Rules, 1995 (Constitution Rules). It is stated that petitioner in WP(C) No. 1434/2019 chose tail symbol and the other petitioner chose head symbol. Deputy Commissioner, Karimganj conducted the toss. After tossing, the coin touched the side wall and chair before falling down on the ground of the conference hall. It is stated that all members had objected to the toss. On request of the members, Deputy Commissioner tossed the coin again for the second time as the first toss was not considered. This time after toss and after the coin fell flat on the ground, the tail face of the coin came out on top. Accordingly, petitioner of WP(C) No. 1434/2019 who chose tail was declared elected. However, minutes of the meeting held on 11.2.2019 were not prepared immediately. Finally on 18.2.2019, Deputy Commissioner furnished a copy of the minutes shown to have been signed on 15.2.2019. As per the minutes, some members, including petitioner of WP(C) No. 1632/2019 had objected to the second toss. At this stage, it may be mentioned that petitioner in WP(C) No. 1434/2019 (referred to hereinafter as ‘the first petitioner’) belongs to the Indian National Congress whereas petitioner in WP(C) No. 1632/2019 (referred to hereinafter as ‘the second petitioner’) belongs to the Bharatiya Janata Party. Deputy Commissioner, Karimganj forwarded a detail report vide letter dated 15.2.2019 of the meeting held on 11.2.2019 to the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department seeking necessary instruction.

6. Aggrieved by the aforesaid, first petitioner filed WP(C) No. 1434/2019 before this court assailing the reference of the dispute by the Deputy Commissioner to the Principal Secretary and seeking a direction to the respondents to accept the second toss as valid one and thereafter declare the first petitioner as elected for the post of President.

7. This court by order dated 1.3.2019 had issued notice and passed an interim order to the effect that no decision shall be taken by the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department on the basis of letter dated 15.2.2019.

8. Affidavit-in-opposition was filed by Deputy Commissioner, Karimganj on 12.3.2019 denying that all the members of the Zilla Parishad had objected to the results of the first toss. Some of the members present, including MLA of North Karimganj Cons