Gauhati High Court
Abdul Basit vs The State Of Assam To Be Rep By The ... on 3 December, 2018
Author: Arup Kumar Goswami
Bench: Arup Kumar Goswami
Page No.# 1/2
GAHC010254932018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7969/2018
1:ABDUL BASIT
S/O- LATE ABDUL KHALIQUE, VILL- RANIGRAM,
P.O- JALALNAGAR TE, P.S AND DIST- KARIMGANJ, ASSAM, PIN- 788712
VERSUS
1:THE STATE OF ASSAM TO BE REP BY THE COMMISSIONER AND
SECRETARY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL
DEVELOPMENT DEPTT, DISPUR, GUWAHATI- 06
2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT
PANJABBARI JURIPAR GUWAHATI- 37
3:THE ASSAM STATE ELECTION COMMISSION REP. BY ITS SECRETARY
HOUSEFED COMPLEX DISPUR GUWAHATI- 6
4:THE DEPUTY COMMISSIONER
KARIMGANJ P.O AND DIST- KARIMGANJ ASSAM PIN- 788710
5:THE ELECTION OFFICER
KARIMGANJ NOMINATED FOR ENSUING ASSAM PANCHAYAT ELECTION
2017-18 P.O- AND DIST- KARIMGANJ ASSAM PIN- 78871
Advocate for the Petitioner : MD. GIASH UDDIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 03-12-2018 Heard Mr. G. Uddin, learned counsel for the petitioner. Also heard Mr. M. Nath, learned standing counsel, Panchayat & Rural Development Department, appearing for the Page No.# 2/2 respondent Nos.1 & 2, Mr. N. Borah, learned standing counsel, Assam State Election Commission, appearing for the respondent No.3 and Mr. R. Dhar, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.4 & 5.
By this writ application under Article 226 of the Constitution of India, the petitioner calls into question the decision dated 16.02.2018 reserving the post of Member of 11 No. Gandhai-Brahmansashan Zilla Parishad for the Scheduled Caste candidate for the ensuing Panchayat election.
It is the contention of the petitioner that the population pattern does not justify reservation of the seat of Member for the aforesaid Zilla Parishad for Schedule Caste candidate.
The petitioner has chosen to challenge the aforesaid decision after the election notification was issued on 05.11.2018 by the State Election Commission. As the election process had already been sat in motion, this Court will not entertain the writ petition, as law is well settled that after the election process is set on motion, Courts ought not to interfere in the election process by issuing any directions. That apart, Section 129(b) of the Assam Panchayat Act, 1994 provides that no election to any panchayat shall be called in question except by an election petition presented within 60(sixty) days from the date of declaration of election results to the Tribunal constituted under Section 127 of the said Act.
In view of the above discussion, the writ petition is dismissed. No costs.
JUDGE Comparing Assistant