AMRI KARBI DEVELOPMENT SOCIETY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. Choudhury, learned senior counsel for the writ appellants/applicants/review petitioners, assisted by Mr. A. Barua, Advocate. Also heard Mr. D. Mazumdar, learned Add. Advocate General, Assam, assisted by Mr. R. Dhar, learned Government Advocate representing respondent no.1. Mr. N. Borah, learned counsel appears for respondent no.2 whereas Mr. S. Neogi, learned counsel appears for respondent no.3.

(2.) The writ appellant no.1 is the Amri Karbi Development Society and the writ appellant nos.2 and 3 are the President and Secretary of the Amri Karbi Development Society. Their principal grievance is for action of the State Government and consequently they are also aggrieved by the order of the learned Single Judge of this Court as well by which six out of thirtysix constituencies of Tiwa Autonomous Council have been wrongly constituted. Their contention would be the State Government has not worked in accordance with law while undergoing an exercise of delimitation and that their contention before the learned Single Judge has not been appreciated. They have also challenged the very constitution of these constituencies and the consequent elections to be held on these constituencies.

(3.) The Legislative Council of Assam passed an Act known as "The Lalung (Tiwa) Autonomous Council Act, 1995" by which the Lalung Autonomous Council was created. Thereafter, by an amendment brought in the year 2001, the name of Lalung (Tiwa) Autonomous Council (Amendment) Act, 2001 was changed and the word "Tiwa" has been substituted in place of "Lalung (Tiwa). From the year 2001 it became "Tiwa Autonomous Council" (from hereinafter referred to as "the Autonomous Council"). Initially, there were twenty-six constituencies and later on in the year 2015, it was increased to thirty-six constituencies. The admitted position is that elections were held only in respect of thirty out of thirty-six constituencies and no elections were held the remaining six constituencies which are ? 26-Dimoria Constituency, 32-Digaru Constituency, 33-Khetri Constituency, 34-Sonapur Constituency, 35-Ampri Constituency and 36- Phong- Ari constituency respectively. In the year 2010, however, elections were held for only thirty constituencies.