Back
2025 Supreme(Online)(GAU) 1512
HIGH COURT OF GAUHATI
MR. JUSTICE MANISH CHOUDHURY, J
THE STATE ELECTION COMMISSION – Appellant
Versus
IKBAL HUSSAIN KHAN AND ORS – Respondent
I.A.(Civil) / 29 / 2025
MR F A LASKAR, MR. H A LASKAR, MR. A S TAPADER, MR. S B LASKAR
The court emphasized procedural compliance in writ petitions, allowing for the dispensation of formal notices when all respondents accept them.
Headnote:(A) Constitution of India - Article 226 - Writ petitions filed for issuance of notices to various respondents - All respondents have entered appearance and accepted notices, thus formal notices dispensed with - Petitioners directed to furnish requisite copies of writ petitions within one working day. (Paras 1-10)
(B) Writ Jurisdiction - The court exercises its jurisdiction under Article 226 to ensure that the rights of the petitioners are protected and that the due process is followed in the issuance of notices. (Paras 1-10)
Facts of the case:
Multiple writ petitions were filed by various petitioners seeking issuance of notices to the respondents regarding electoral matters. The court heard the counsel for both sides and noted that all respondents accepted notices.
Findings of Court:
The court ordered that formal notices be dispensed with and directed petitioners to provide extra copies of their petitions to the respondents.
Issues: The main issue addressed was the procedural aspect of notice issuance in writ petitions.
Ratio Decidendi: The court emphasized the importance of procedural compliance in writ petitions and the acceptance of notices by respondents as a basis for dispensing with formal notice requirements.
Result: Notices issued, returnable on 12.02.2025.
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 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 extr
