JANATASEN GUPTA Vs. STATE ELECTION COMMISION

JUDGEMENT

(1.) ELECTIONS to the Panchayats, in Assam, was notified by the State Election commission, Assam, (in short, 'the Election commission'), in terms of the provisions contained in the Assam Panchayat Act, 1994, and the rules framed thereunder, namely, Assam Panchayat (Constitution)Rules, 1995. Pursuant to the notification, so issued, panchayat elections have been held, in Assam, in three different phases. Initially, the date for counting of the votes polled was fixed on 14/1/2008. Following, however, objections raised by a section of the electorates alleging illegal omission to make reservation of seats in their favour, the elections, in the district of Darrang, could not be held on the scheduled date, because an interim order had been passed, in this regard, by the High Court. As the interim directions restraining the Election commission from holding poll on the scheduled date, in the district of Darrang, was, later on, vacated by the High Court, the date for polling was announced anew and the polling is being held, in the district of darrang, today, i. e. , 24/1/2008. The deferred date for counting of the votes has been accordingly scheduled to be held on 28/1/2008. In the district of Hailakandi, there are altogether 621 polling stations. Out of these 621 polling stations, polling, in as many as 390 polling stations, had to be adjourned on the ground of allegedly snatching away of the ballot papers and ballot boxes by miscreants. No date for re-poll of the adjourned polls has been announced so far by the Election Commission. The grievance of the petitioners, in the present writ petition, is that the adjourned polls aforementioned must be held before the counting of votes of the panchayat elections, already held in remaining parts of Assam, takes place. In the alternative, the petitioners contend that the counting of votes, in the remaining districts of Assam, be kept deferred until the time, the adjourned polls, in the said 309 polling stations, are completed. By making this application under Article 226 of the constitution of India, the petitioners, who are the functionaries of two different political parties of the district of Hailakandi, have sought for, inter alia, issuance of appropriate Writ (s)commanding the respondents, particularly, the Election Commission, to fix, notify and announce the date of re-poll of the said adjourned polls at the said 309 polling stations and also to hold the poll adjourned before the scheduled date of counting, i. e. , 28/1/2008, or, in the alternative, until the time such re-poll takes place, the counting of votes cast at the panchayat elections, already held in different parts of the State of assam, be kept deferred.

(2.) I have heard Mr. D. K. Mishra, learned senior counsel, and Mr. R. P. Sharma, learned Senior counsel, appearing on behalf of the petitioners. I have also heard Mr. M. U. Mahmud, learned Standing counsel for the Election Commission, and Mr. N. Dutta, learned Senior counsel, for the private respondents, who have been subsequently impleaded in this writ petition.

(3.) APPEARING on behalf of the petitioners, mr. D. K. Misra, learned Senior counsel, has submitted that according to the scheme of the Representation of People Act, 1951 (in short, 'the ROP Act') as applicable to the panchayat elections in Assam, the counting of votes cast at the polling stations, where the polling have already taken place, shall be kept deferred until the time the adjourned polls, if any, are held and completed. Reliance in support of this submission is placed, on behalf of the petitioners, on Section 57 of the ROP Act. It is also contended, particularly, by Mr. R. P. Sharma, learned Senior counsel, that since in the district of Darrang, counting of votes had been deferred by the Election Commission due to its failure to hold the polling on the scheduled date, similar steps must be taken by the Election Commission in respect of the polling at the said 309 polling stations, in the district of Hailakandi, where the polling had been adjourned.