JUDGMENT

N. Kotiswar Singh, C.J. - Heard Mr. K.P. Pathak, learned Senior Counsel assisted by Mr. P.N. Goswami, learned counsel for the appellants. Also heard Mr. D. Mozumder, learned Additional Advocate General, Assam assisted by Mr. R. Dhar, learned Government Advocate, Assam appearing for respondent Nos. 1 and 2; Mr. N. Borah, learned Standing Counsel, Assam State Election Commission for respondent No. 3; Mr. S. Neogi, learned Standing Counsel, Tiwa Autonomous Council for respondent No. 4 and Mr. D.K. Mishra, learned Senior Counsel assisted by Mr. B. Prasad, learned counsel for respondent No. 5.

2. An issue of seminal importance, touching upon the discretionary power of the Governor pertaining to extension of the term of an autonomous council after the term of the council expires, is involved in this appeal, arising out of the judgement and order dated 25/09/2020 passed in W.P.(C) No. 3068 of 2020. Closely related to it, is the issue as to when the election for constitution of a new council has to take place on the expiration of the statutorily provided term of the council, as the statute is silent on it.

3. By the aforesaid impugned order, the learned Single Judge has declined to grant any of the reliefs sought for in the writ petition, including a direction to the Governor for extension of the term of the General Council of the Tiwa Autonomous Council after the expiry of its term on 08.10.2020 under Section 7 (3) of TIWA AUTONOMOUS COUNCIL ACT , 1995.

4. Section 7 (3) of TIWA AUTONOMOUS COUNCIL ACT , 1995, which is at the centre of the dispute, empowers the Governor in his discretion to extend the term for a period not exceeding one year, after the term of the Council expires, if the Governor is satisfied that circumstances exist, which render the holding of election impracticable. Section 7 reads as follows:

"7.(1) The term of office of the General Council shall be five years from the date of the first meeting as appointed by the Government after the election of the members, unless dissolved earlier under section 68.

(2) Notwithstanding anything contained in sub-section (1) above, the Chief Executive Councillor of the Executive Councillors shall cease to hold office as such forthwith if he, for any reason, ceases to be a member.

(3) Notwithstanding anything contained in sub-section (1), the Governor may, if he is satisfied that circumstances so exist which render the holding of the election, as provided, impracticable, extend the term for a period not exceeding one year."

5. In order to appreciate the issues raised in this appeal in proper perspective, it may be appropriate to refer to certain background facts in brief.

6. Facts IN BRIEF:

6.1 In the State of Assam, there are many areas largely inhabited by scheduled tribe communities, for which provisions have been made by the State Government to constitute Autonomous Councils to enable them to manage their affairs by granting certain autonomy akin to the Panchayati Raj Institutions within the framework of Indian Constitution. Tiwa Autonomous Council is one such Council constituted under the TIWA AUTONOMOUS COUNCIL ACT , 1995, hereinafter referred to as the "Act".

6.2 Tiwa Autonomous Council comprises of areas of Village Councils constituted for blocks of villages as notified by the State Government and the affairs of the Autonomous Council are managed by a General Council and an Executive Council as provided under Section 3 of the Act. Section 3 reads as follows:

"3.(1) There shall be an autonomous council to be called the Tiwa Autonomous Council within the State of Assam comprising of the areas of the Village Councils as may be notified by the Government in the Official Gazette.

(2) The Tiwa Autonomous Council shall have maximum autonomy within the framework of the Constitution.

(3) The Tiwa Autonomous Council shall have a General Council and an Executive Council as provided hereinafter."

6.3 It has been provided under Section 5 of the Act that the General Council shall be