GAHC010015332024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/467/2024 M/S C.S. ENTERPRISE A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT BARAMA ROAD, WARD NO. 8, NALBARI-781335, ASSAM. REPRESENTED BY ITS PROPRIETOR, SRI ABDUL MAZID, S/O LATE CHARFAT ALI, R/O BARAMA ROAD, WARD NO. 8, DIST- NALBARI, PIN-781335, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006

2:THE COMMISSIONER AND SECRETARY PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI GUWAHATI-781037 3:THE SECRETARY ASSAM STATE ELECTION COMMISSION ASSAM SECRETARIAT DISPUR GUWAHATI-781006

4:THE DEPUTY COMMISSIONER NALBARI PANCHAYAT ELECTION BRANCH NALBARI ASSAM

5:THE ADDITIONAL DEPUTY COMMISSIONER I/C NODAL CELL PANCHAYAT ELECTION

2017-18 NALBARI OFFICE OF THE DEPUTY COMMISSIONER NALBARI ASSAM

6:THE CHIEF EXECUTIVE OFFICER NALBARI ZILLA PARISHAD I/C MATERIAL CELL PANCHAYAT ELECTION

2018 OFFICE OF THE DEPUTY COMMISSIONER NALBARI ASSAM

7:THE INCHARGE REFRESHMENT CELL PANCHAYAT ELECTION

2018 OFFICE OF THE DEPUTY COMMISSIONER NALBARI ASSAM

8:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE AND TAXATION DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-781005 Advocate for the Petitioner : DR B P TODI, MS M PARBIN,DR ANKIT TODI Advocate for the Respondent : GA, ASSAM, SC, FINANCE DEPTT.,SC, A E C,SC, P AND R.D.

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

28.04.2025 Dr. A. Todi, learned counsel appears for the petitioner; Mr. M. Chetia, learned counsel appears for the District Commissioner, Nalbari; Mr. S. Dutta, learned counsel appears for the P&RD Department; Mr. R. Dubey, learned counsel appears for the State Election Commission; while Ms. R.M. Baruah, learned counsel appears for the Finance Department.

3. The petitioner has prayed for payment of his bills, for supply of polling materials to the office of the District Commissioner, Nalbari for the Panchayat Elections, 2018. The affidavit of the District Commissioner, Nalbari is to the effect that the proposal for payment of the bills of the petitioner has been submitted to the P&RD Department vide letter No.NDP(PE)54/2019/74 dated 09.09.2022 and letter No.SDPLO-5/Part/2024-SDPLO-NLB dated 04.03.2024. The affidavit of the respondent No.4 at paragraph 7 further states that once fund is received, pending liabilities will be disbursed accordingly.

4. Mr. S. Dutta, learned counsel for the P&RD submits that the Commissioner, Panchayat & Rural Development Department, Assam has issued a letter No.363132/l/1031872/2025 dated 11.04.2025 to all District Commissioners, including the District Commissioner, Nalbari, with a request to furnish all the bills/vouchers in original, along with other relevant documents certified by the concerned authority, pertaining to the pending liabilities of the Panchayat Elections for the years 2001, 2008, 2012-13 & 2017-18, in connection with Court related matters to the Commissionerate, P&RD, Assam. The said letter has also been issued to the present District Commissioner, Nalbari.

5. Mr. M. Chetia, learned counsel shall obtain instructions as to whether the original bills/vouchers of the petitioner, along with other relevant documents certified by the concerned authority pertaining to the pending liabilities regarding the Panchayat Elections for the year 2018, has been submitted to the Commissionerate, P&RD, Assam.

6. The letter dated 11.04.2025 submitted by Mr. S. Dutta, learned counsel is made a part of the record and marked as Annexure-X.

7. List the matter on 29.05.2025.

JUDGE Comparing Assistant