MAHESH DOLEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. D.K. Mishra, learned senior counsel for the petitioner and Mr. B.P. Katakey, learned senior counsel appearing on behalf of the respondent No.4. I have also heard Mr. A.C. Buragohain, learned Sr. Govt. Advocate appearing on behalf of the respondent Nos. 1, 2 and 5. None has appeared on behalf of the respondent No.3.

(2.) I have perused the materials on record including the Govt. notification No. TAD/ST/274/94/Pt/II/225, dated 11.4.2002 (Annexure-8 to the writ petition), the validity of which is under challenge in this writ petition.

(3.) Before proceeding any further, it needs be noted that though this writ petition raised a number of issues, which related to not only the validity of the notification dated 11.4.2002, aforementioned but also the constitutionality and virus of Section 80 of the Mising Autonomous Council (Amendment) 1997, the writ petition was, eventually, argued without posing any challenge to the provisions of the said Act.