The delimitation process of Gaon Panchayats, Anchalik Panchayats, and Zilla Parishads was conducted in accordance with the Assam Panchayat Act and constitutional provisions, with no infringement of electoral rights.

JUDGMENT & ORDER :

MANISH CHOUDHURY, J.

I. The Assail:-

1. This batch of writ petitions under Article 226 of the Constitution of India have been preferred inter-alia to assail an exercise undertaken by the State respondents as delimitation exercise on the basis of a Standard Operating Procedure [SOP] framed in a Notification bearing no. E-449396/18 dated 03.08.2024, notified by the Government of Assam in the Panchayat & Rural Development Department, for delimitation of Gaon Panchayats, Anchalik Panchayats and Zilla Parishads in the State of Assam; and the consequential Notifications for the concerned districts, all dated 15.10.2024, stated to have been published after commencement of the delimitation exercise by the Government of Assam in the Panchayat & Rural Development Department separately in respect of each of the districts in Assam.

2. The Notification no. E-449396/32 dated 03.08.2024, which was published in the Assam Gazette in Issue no. 457 dated 21.08.2024, mentioned that the Standard Operating Procedure [SOP] would be followed for delimitation of Gaon Panchayats, Anchalik Panchayats and Zilla Parishads and its purpose would be to ensure a systematic and efficient process of delimitation, to be followed by the District Delimitation Commission. By the Notifications, dated 15.10.2024, the Panchayat & Rural Development Department, Government of Assam had notified the Gaon Panchayats under the territorial jurisdiction of the respective Anchalik Panchayat, along with their corresponding villages, in each of the districts in Assam.

3. The challenges are being made to the Notification dated 03.08.2024 and the Notifications, dated 15.10.2024, on the premise that the delimitation exercise so carried out at the levels of Gaon Panchayats, Anchalik Panchayats and Zilla Parishads is in violation of the related provisions contained in the Constitution of India and the Assam Panchayat Act, 1994, as amended; together with the the Standard Operating Procedure [SOP] laid down in the Notification dated 03.08.2024. The provisions relying on which the challenges are being made by the petitioners herein would be specifically referred to and considered in the later part of this order.

II. The contentions of the petitioners :-

4. Before making any dilation on the specific nature of challenges, it would be apposite to find out, in an encapsulated manner, about the nature of pleadings made in some of the writ petitions in this batch of writ petitions as it would be of assistance to find out about the factual foundations laid by the petitioners therein to mount the challenges qua the constitutional provisions; the statutory provisions and the Standard Operating Procedure [SOP].

5. W.P.[C] no. 5346/2024 :Four petitioners, who are residents of areas within the territorial jurisdiction of Sonai Legislative Assembly Constituency [LAC], have joined together to file this writ petition. The petitioners have stated that after the delimitation process, though the total nos. of Gaon Panchayats in Cachar District have remained the same, but, the total nos. of Gaon Panchayats under Sonai LAC have been reduced from earlier 24 [twenty-four] to 18 [eighteen] and the said 6 [six] Gaon Panchayats have been added to 6 [six] other LACs of Cachar District. The petitioners are aggrieved by the act of reduction of the said 6 [six] nos. of Gaon Panchayats in Sonai LAC. In Paragraph 9 of the writ petition, the petitioners have claimed that as per the Census of 2001, the total population of Sonai LAC before delimitation was 1,73,631 and after delimitation, the population stands at 1,89,000. Before delimitation, there were 85 nos. of Villages under Sonai LAC covering 24 nos. of Gaon Panchayats. But after delimitation, though total nos. of Villages under Sonai LAC have increased from 85 to 100, but, the total nos. of Gaon Panchayats have been reduced from 24 to 18. The petitioners have cited that the total nos. of Gaon Panchayats in Borkhola LAC have been increased from 21 to 30