RATIA BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.P. Pathak, learned Senior Counsel assisted by Mr. P.N. Goswami, learned counsel for the appellants. Also heard Mr. D. Mozumder, learned Additional Advocate General, Assam assisted by Mr. R. Dhar, learned Government Advocate, Assam appearing for respondent Nos. 1 and 2; Mr. N. Borah, learned Standing Counsel, Assam State Election Commission for respondent No. 3; Mr. S. Neogi, learned Standing Counsel, Tiwa Autonomous Council for respondent No. 4 and Mr. D.K. Mishra, learned Senior Counsel assisted by Mr. B. Prasad, learned counsel for respondent No. 5.

(2.) An issue of seminal importance, touching upon the discretionary power of the Governor pertaining to extension of the term of an autonomous council after the term of the council expires, is involved in this appeal, arising out of the judgement and order dated 25/09/2020 passed in W.P.(C) No. 3068 of 2020. Closely related to it, is the issue as to when the election for constitution of a new council has to take place on the expiration of the statutorily provided term of the council, as the statute is silent on it.

(3.) By the aforesaid impugned order, the learned Single Judge has declined to grant any of the reliefs sought for in the writ petition, including a direction to the Governor for extension of the term of the General Council of the Tiwa Autonomous Council after the expiry of its term on 08.10.2020 under Section 7(3) of Tiwa Autonomous Council Act, 1995.