The main legal point established in the judgment is the legal obligation of the State Government to hold timely elections for all constituencies of the Tiwa Autonomous Council, as well as the requirement for areas to have a certain percentage of tribal population to be part of the Autonomous Council.

JUDGMENT

Sudhanshu Dhulia, C.J. - Heard Mr. I. Choudhury, learned senior counsel for the writ appellants/applicants/review petitioners, assisted by Mr. A. Barua, Advocate. Also heard Mr. D. Mazumdar, learned Add. Advocate General, Assam, assisted by Mr. R. Dhar, learned Government Advocate representing respondent no.1. Mr. N. Borah, learned counsel appears for respondent no.2 whereas Mr. S. Neogi, learned counsel appears for respondent no.3.

2. The writ appellant no.1 is the Amri Karbi Development Society and the writ appellant nos.2 and 3 are the President and Secretary of the Amri Karbi Development Society. Their principal grievance is for action of the State Government and consequently they are also aggrieved by the order of the learned Single Judge of this Court as well by which six out of thirtysix constituencies of Tiwa Autonomous Council have been wrongly constituted. Their contention would be the State Government has not worked in accordance with law while undergoing an exercise of delimitation and that their contention before the learned Single Judge has not been appreciated. They have also challenged the very constitution of these constituencies and the consequent elections to be held on these constituencies.

3. The Legislative Council of Assam passed an Act known as "The Lalung (Tiwa) Autonomous Council Act, 1995" by which the Lalung Autonomous Council was created. Thereafter, by an amendment brought in the year 2001, the name of Lalung (Tiwa) Autonomous Council (Amendment) Act, 2001 was changed and the word "Tiwa" has been substituted in place of "Lalung (Tiwa). From the year 2001 it became "Tiwa Autonomous Council" (from hereinafter referred to as "the Autonomous Council"). Initially, there were twenty-six constituencies and later on in the year 2015, it was increased to thirty-six constituencies. The admitted position is that elections were held only in respect of thirty out of thirty-six constituencies and no elections were held the remaining six constituencies which are ? 26-Dimoria Constituency, 32-Digaru Constituency, 33-Khetri Constituency, 34-Sonapur Constituency, 35-Ampri Constituency and 36- Phong- Ari constituency respectively. In the year 2010, however, elections were held for only thirty constituencies.

4. Again, in the year 2015, elections were held to only thirty constituencies leaving the aforesaid six constituencies. When, elections were to be held for the year 2020 for the Autonomous Council. A writ petition i.e. WP(C) No.4630/2015 was filed by the residents of those constituencies where the elections had not been held so far with the prayer that since they are the residents of six constituencies which is a part of the Autonomous Council yet they are being deprived of their democratic rights and not allowed to elect their representatives of the Autonomous Council. The learned Single Judge after the exchange of pleadings came to the conclusions that the State does not have any reasonable cause for not holding the elections to these thirty-six constituencies and thereafter passed the following orders:-

"14.The Hon'ble Supreme Court in the aforesaid two decisions have categorically laid down the importance of holding the timely elections in the grass root level organizations. The Lalung (Tiwa) Autonomous Council being the creature of a statute, when there is a requirement under the statute to hold the elections in all the Constituencies, there is a legal obligation on the part of the authorities to hold such elections. This Court is of the opinion that the reason cited for not holding the election in the aforesaid six numbers of Constituencies in the year 2010 and 2015 are absolutely untenable in law as the state machinery has to deal with any law and order issue which may arise at the time of holding the elections, that too, for a Council existing in a geographical area covering parts of only three districts of the State of Assam.

15.In view of the aforesaid facts and circumstances and the discussions ma