LAWS(GAU)-2008-4-38

SHEIKH ABDULLAH Vs. STATE OF ASSAM

Decided On April 11, 2008
SHEIKH ABDULLAH Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) All the writ petitions pertain to holding of Panchayat Elections in the District of Goalpara including the areas pertaining to Rabha Hasang Autonomous Council. In W.P. (C) No. 1122/2008 it is the prayer of the petitioners that they being the earlier elected panchayat bodies, they should be allowed to continue to discharge the duties, functions and responsibilities of the panchayat bodies till the panchayat elections are held in the District. In W.P. (C) No. 1252/08, the prayer of the petitioners is just the opposite of the prayer made in W.P. (C) No. 1122/08. The prayer made is not to restore the defunct panchayat bodies permitting them to discharge duties, functions and responsibilities of the panchayat bodies till election is held. In WP (C) Nos. 294/08 and 296/08, the prayer made is for a direction to the respondents to ensure holding of panchayat elections as expeditiously as possible.

(2.) I have heard Mr. A.K. Phukan, learned Advocate General, Assam and Mr. M.U. Mahmood, learned Standing Counsel, Election Commission. I have also heard Mr. A.S. Choudhury, learned Sr. Counsel appearing for the petitioners in W.P. (C) No. 1122/08 as well as Mr. J. Ahmed, learned counsel led by Mr. A.M. Mazumdar, learned Sr. Counsel for the petitioners in W.P. (C) No. 1252/08. Be it stated there that the petitioners are also party respondents in W.P.(C) No. 1122/08. I have also heard Mr. A.K. Goswami, learned Sr. Counsel for the petitioners in W.P. (C) No. 296/08 and Ms. S.B. Choudhury, learned counsel for the petitioner in W.P. (C) No. 294/08. I have also heard Ms. R. Chakraborty, learned Addl. Sr. Govt. Advocate.

(3.) There is no dispute that election notification was issued for holding elections throughout the State of Assam including the District of Goalpara. Such notification was issued pursuant to the direction of this Court passed in W.P. (C) No. 1978/07. The writ petition was disposed of by judgment and order dated 25.5.2007 directing the State Govt. to ensure holding of panchayat elections throughout the State on or before 31.10.2007. In the interregnum, it was provided that the earlier elected bodies should be allowed to continue, without, however, any major policy decision or without incurring any expenditure from the funds other than payment of salaries to the staff and the routine function of the office. As noted above, election for the District of Goalpara was also notified. However, because of some stray incidents, elections had to be postponed and the Govt. issued notification to that effect. After issuance of the election notification, the panchayat bodies were run by the Govt. and presently also the panchayat bodies are being run by the Govt.