LAHIRI, A.C.J. - (1.)In exercise of the powers conferred under R.190(1) of the Assam Autonomous District (Constitution of District Council) Rules, 1951, for short 'the Rules' the Commissioner for Elections in the North Cachar Hills District Council, declared the election of the petitioner from 3 Barail Constituency to the North Cachar Hills District Council as void, in Election Case No 2 of 1981. He submitted a report to the Governor of Assam as required under 'the Rules' and the latter, by his order dt.4-4-1984, declared the election of the petitioner void, under R.191(3) of 'the Rules' and publisher the declaration in the Official Gazette. By this application under Art.226 of the Constitution the petitioner has questioned the validity of the judgment and report of the Commissioner as well as the follow-up order of the Governor.
(2.)The up-shot of the impugned order is far reaching as the resumed candidate has been un-seated, his election has been declared void and there is no right of appeal. As the petitioner had no other remedy provided for in the Rules, he questioned the validity of the impugned orders under Art.226 of the Constitution. However, the impugned orders can be quashed if the Commissioner has committed error apparent on the face of the record or he has made patent error based on clear disregard of law or the decision rendered by him in based on wrong interpretation of the statutory provision, so much so that no person instructed in law could have reached the findings arrived at by the Commissioner.
(3.)The Backdrop and Relevant Facts : The North Cachar Hills District is "an autonomous district" falling within "the Tribal areas" of Assam under para 20 of the Sixth Schedule to the Constitution. The Tribal Area is "an autonomous district" under para I of the Sixth Schedule. There is a District Council of the autonomous District and the members are elected on the basis of adult suffrage. The district council has powers to make laws and also various other powers. In short, it has administrative and judicative powers and functions. In exercise of the powers conferred by sub-para(6) of Para 2 of the Sixth Schedule to the Constitution, the Governor of Assam made the Assam Autonomous Districts (Constitution of District Council) Rules, 1951, for short "the Rules", for the constitution of District councils for various autonomous districts comprising in the tribal areas falling in Part-I of the Table appended to para 20 of the sixth schedule "The Rules" are directly applicable to the North Cachar Hills Autonomous District for short "the District Council". "The District Council" was constituted in 1952 in accordance with the provisions of "the Rules", inter alia, provide for the constitution, composition and election of members to "the District Council". The North Cachar Hills District Council has 23 constituencies including No.3 Barail constituency, for short "the constituency". The provisions for general election to the district councils have been provided in Part-IV of "the Rules". Twenty-three members are elected to the District council on the basis of adult sufferage. As such, the petitioner who was elected on the basis of adult sufferage has been un-seated by the decision rendered by the Commissioner for election. The provisions of General election to the District councils have been provided in Part-IV of "the Rules". The procedure for submission of nomination paper including the allotment of symbols are provided in R.133(6) of "the Rules", which shall be dealt with in due course after the relevant facts leading upto the present petition are set out.
;