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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, J.
Asrof Kalam Azad Laskar S/o Late Ashab Uddin Laskar And Ors - Appellant
Versus
The State Of Assam And Ors - Respondents
WP(C)5346 of 2024
Decided on : 01-04-2025
Advocate Appeared :
For the Appellant : MR H I CHOUDHURY, MR. P K ROYCHOUDHURY, MR BHARGAV DAS, MR K P PATHAK, H YEASMIN
For the Respondent : SC, P AND R.D., SC, ELECTION COMMISSION., GA, ASSAM
ORDER :
1. Mr. H.I. Choudhury; Mr. H.R.A. Choudhury; Mr. A.H.M.R. Choudhury; Mr. A.K. Talukdar; Ms. S.K. Nargis; and Mr. N.S. Laskar, learned counsel from the petitioners’ side are present.
2. Heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat & Rural Development [P&RD] Department for the State respondents.
3. As the submissions of Mr. Saikia, learned Advocate General, Assam are not completed, list the cases on 25.03.2025 for hearing, as sought for by him.
4. Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] is also in attendance.
5. Mr. A. Rahman, learned counsel for the petitioners in W.P.[C] no. 901/2025 and Mr. A.H.M.R. Choudhury, learned counsel for the petitioners in W.P.[C] no. 909/2025 have submitted that the two writ petitions, W.P.[C] no. 901/2025 & W.P.[C] no. 909/2025 are to be delinked from this batch of writ petitions as the issues involved and to be decided therein are different from this batch of writ petitions.
6. List the writ petitions, W.P.[C] no. 901/2025 & W.P.[C] no. 909/2025 separately on 26.03.2025, by delinking them from this batch of writ petitions.
The court ruled that distinct issues in writ petitions justify delinking for separate hearings to enhance judicial clarity and efficiency.
The court can dispense with formal notice issuance when all respondents accept notices, promoting procedural efficiency.
The court upheld that outcomes from Supreme Court rulings must apply to pending cases involving similar issues, specifically regarding rights of SC/ST candidates.
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