GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
RATAN MAJUMDER AND ANR. – Appellant
Versus
THE STATE OF ASSAM AND 3 ORS. – Respondent
ORDER
14.02.2022 Date :
Heard Mr. K.N. Choudhury, learned Senior Counsel, assisted by Mr. J.
Abedin, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Govt. advocate appearing for the State respondent nos. 1 to 3 and Mr. R. Dubey, learned standing counsel for the respondent no.4.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners have assailed the minutes of meeting dated 24.02.2020, held under the Chairmanship of Deputy Commissioner, Hojai (respondent no.2), by which reservation of seats of Lanka Municipal Board for the Municipal Election, 2020 had been done by drawing of lotteries instead of rotation. It is projected that the exercise was in aberration of the relevant law in force.
3. The learned Senior Counsel for the petitioners, in all fairness, has submitted that as the State Election Commission has already announced the election for the Municipal Board, Lanka. It is submitted that by virtue of various judgments by the Supreme Court of India, the writ Court exercising power under Article 226 and 227 of the Constitution of India has to adopt hands-off policy while the election process is on. However, it is submitted th
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