PREMANANDA HAZARIKA Vs. ASSAM STATE ELECTION COMMISSION

JUDGEMENT

(1.) BY this Writ Petition, the petitioner, who received the highest number of votes in the election for Zilla Parishad Membership of 29 No. Uttar Bajali ZPC held on 14. 01. 2008, challenges the order of the State Election Commissioner, Assam, dated 19. 02. 2008 for declaring candidature of the present petitioner from 29 No. Uttar Bajali Reserved Zilla Parishad Constituency in the District of Barpeta as illegal, null and void and the second highest scorer of votes, namely, Shri Babul Borah (respondent No. 4) to have been elected from the said constituency and also the notification dated 22. 02. 2008 issued by the State Election Commissioner, Assam declaring Sri Babul Borah (respondent No. 4) as duly elected as an Independent Candidate from 29 No. Uttar Bajali (ST) reserved, ZPC within the District of Barpeta, w. e. f. 22. 02. 2008. The only ground for challenging the impugned order dated 19. 02. 2008 and the impugned notification dated 22. 02. 2008 is that the State Election Commissioner, Assam, Dispur, Guwahati has no jurisdiction and authority to issue the impugned order and the impugned notification after announcement of result of the said election on 29. 01. 2008.

(2.) HEARD Mr. B. Das, learned counsel appearing for the petitioner, Mr. M. U. Mahmud, learned standing counsel, ASEB for respondent Nos. 1, 2 and 3, Mr. A. M. Majumder, learned senior counsel for respondent No. 4 and Mr. P. Goswami, learned counsel for respondent No. 5.

(3.) IT appears from the pleadings of the writ petitioner in the writ petition and reply affidavit filed by the writ petitioner to the affidavit in opposition filed by respondent No. 1 and also the material documents annexed to the writ petition that the result of the said election was announced on 29. 01. 2008 by issuing result sheet (Annexure / 2) which has been quoted above. It is the case of the petitioner that after announcement of result of the election by issuing result sheet on 29. 01. 2008 by the SDO (C), election process for election of membership of 29 No. Uttar Bajali ZPC came to an end, which co-terminous with the power, jurisdiction and authority of the State Election Commission, Assam over the election of membership of 29 No. Uttar Bajali, ZPC. After 29. 01. 2008 respondent No. 1 has no power, authority and jurisdiction to issue the impugned order dated 19. 02. 2008 and the impugned notification dated 22. 02. 2008.