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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Abdul Monnaf Sheikh, Son Of Nosumuddin Sheikh – Appellant
Versus
State Of Assam Represented By The Principal Secretary To The Govt. Of Assam, Panchayat And Rural Development Department – Respondent
| Table of Content |
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| 1. factual basis of the challenge concerning election integrity and educational qualifications. (Para 1 , 2 , 3) |
| 2. respondent contends that article 243-o and section 129(b) bar writ jurisdiction for election disputes. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. petitioner argues for writ maintainability citing lack of statutory remedy and quo warranto potential. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. analysis of statutory gaps in disqualification procedures under rule 62(2) vs other rules. (Para 23 , 24 , 25 , 26 , 27) |
| 5. election tribunal is the mandatory forum for election disputes involving statutory violations. (Para 28 , 29 , 30 , 31 , 32) |
| 6. exclusion of time spent in writ litigation for election petition limitation period. (Para 33 , 34 , 35 , 36 , 37) |
JUDGMENT :
The election of the Respondent No. 7 as Member of the No. 2 Fekamari Anchalik Panchayat and his subsequent election to the post of President of the said Anchalik Panchayat are the subject matters of challenge in this writ petition instituted under Article 226 of the Constitution of India. The petitioner is also an elected Member who had also contested for the post of President of the
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