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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, J
Asrof Kalam Azad Laskar S/o Late Ashab Uddin Laskar - Appellant
Versus
The State Of Assam - Respondent
WP(C)/5346 OF 2024
Decided On : 19-02-2025
(A) Writ Petition - Procedure for issuance of notice - The court heard the learned counsel for the petitioners and the respondents, dispensing with formal notices as all respondents accepted notices - Petitioners directed to furnish requisite copies of the writ petition within one working day. (Paras 1 - 10 )
(B) Scheduling - The court scheduled the cases for hearing on 12.02.2025, indicating an organized approach to case management. (Paras 11 - 13 )
Facts of the case:
Multiple writ petitions were filed, and the court heard various learned counsels representing the petitioners and respondents, with notices issued and accepted.
Findings of Court:
The court dispensed with formal notices and directed petitioners to provide extra copies of their petitions.
Issues: The main issue was the procedural aspect of notice issuance in writ petitions.
Ratio Decidendi: The court emphasized the efficiency of the process by allowing the dispensing of formal notices when all parties accepted them.
Result: Notices issued, cases scheduled for hearing.
ORDER
07.02.2025
1. W.P.[C] no. 34/2025
Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A.H.M.R.Choudhury, learned counsel for the petitioners and Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 3 & 4 and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent no. 2. Issue notice, returnable on 12.02.2025.
As all the respondents have entered appearance and accepted notices, issuance of formal notices to the respondents stands dispensed with. Mr. A.H.M.R. Choudhury, learned counsel for the petitioners shall furnish requisite nos. of extra copies of the writ petition along with annexures to the learned counsel for the respondents within 1 [one] working day from today.
2. W.P.[C] no. 40/2025
Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. F.U. Barbhuiya, learned counsel for the petitioners and Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 3 & 4 and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent no. 2. Issue notice, returnable on 12.02.2025.
As all the respondents have entered appearance and accepted notices, issuance of formal notices to the respondents stands dispensed with. Mr. Barbhuiya, learned counsel for the petitioners shall furnish requisite nos. of extra copies of the writ petition along with annexures to the learned counsel for the respondents within 1 [one] working day from today.
3. W.P.[C] no. 42/2025
Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. F.U. Barbhuiya, learned counsel for the petitioners and Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 3 & 4 and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent no. 2. Issue notice, returnable on 12.02.2025.
As all the respondents have entered appearance and accepted notices, issuance of formal notices to the respondents stands dispensed with. Mr. Barbhuiya, learned counsel for the petitioners shall furnish requisite nos. of extra copies of the writ petition along with annexures to the learned counsel for the respondents within 1 [one] working day from today.
4. W.P.[C] no. 52/2025
Heard Mr. R.C. Paul, learned counsel for the petitioners and Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 3, 5, 6, 7 & 9 and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2 & 8. Issue notice, returnable on 12.02.2025.
As all the respondents have entered appearance and accepted notices, issuance of formal notices to the respondents stands dispensed with. Mr. Paul, learned counsel for the petitioners shall furnish requisite nos. of extra copies of the writ petition along with annexures to the learned counsel for the respondents within 1 [one] working day from today.
5. W.P.[C] no. 38/2025 Heard Mr. F.A. Laskar, learned counsel for the petitioners and Mr. K. Konwar, learned Additional Advocate General, Assam for all the respondents. Issue notice, returnable on 12.02.2025.
As all the respondents have entered appearance and accepted notices, issuance of formal notices to the respondents stands dispensed with. Mr. Laskar, learned counsel for the petitioners shall furnish requisite nos. of extra copies of the writ petition along with annexures to the learned counsel for the respondents within 1 [one] working day from today.
6. W.P.[C] no. 2/2025
Heard Mr. H.A. Laskar, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1 to 6; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent no. 7. Issue notice, returnable on 12.02.2025.
As all the respondents have entered appearanc
The court can dispense with formal notice issuance when all respondents accept notices, promoting procedural efficiency.
The court ruled that distinct issues in writ petitions justify delinking for separate hearings to enhance judicial clarity and efficiency.
The main legal point established in the judgment is that election disputes falling within the domain of Chapter II of R.P. Act, 1951 should be challenged through a properly constituted election petit....
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