AMRI KARBI DEVELOPMENTAL SOCIETY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The applicants in this case have projected extra-ordinary urgency, for which the matter had to be listed for hearing out of turn and accordingly, taken up today for consideration.

(2.) Two numbers of applications have been filed by the applicants, one for review of an order 01.11.2019 passed by this Court in WP(C) No.4630/2015 and the other seeking leave to review as the applicants were not party respondents in the aforesaid writ petition.

(3.) By the aforesaid order dated 01.11.2019, this Court had allowed the writ petition which was filed with the grievance of excluding six numbers of constituencies under the Tiwa Autonomous Council (TAC). The case projected in the writ petition is that out of 36 notified constituencies in the TAC, elections were not held for six constituencies in the year 2015. Though the writ petition was instituted in the year 2015 itself, the elections which was held in the said year, 2015 and also for the earlier term held in the year 2010 were without these six constituencies. It was contended that the notification holding the field having prescribed for 36 Constituencies, there was no reason not to hold the elections in six of its Constituencies merely on the ground of law and order. As per the law related to the Council, namely, the Tiwa Autonomous Council Act, 1995, Chapter VII casts an obligation on the State to hold the elections and Section 59 (2) of the Act specifically lays down an embargo against non-holding of elections. Reliance was put in the cases of Kishan Singh Tomar Vs. Municipal Corporation of the City of Ahmedabad , 2006 8 SCC 352 and also "The Matter of Special Reference No.1 of 2002 (Gujarat Assembly Election Matter), reported in 2002 8 SCC 237.