BEGUM AFROOJA PERVEEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. J.M.A. Choudhury, learned counsel for the appellant. Also heard Mr. M. Nath, learned Standing Counsel, Panchayat & Rural Development appearing for respondent Nos.1 & 2; Mr. R. Dhar, learned State counsel for respondent Nos.3 & 4 as well as Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. S.K. Ghosh, learned counsel for respondent No. 5.

(2.) This intra-Court appeal is directed against the judgment & order dated 20.06.2019 passed by the learned Single Judge in WP(C) No.1434/2019 filed by the appellant. It is to be noted that another writ petition being WP(C) No.1632/2019, filed by the present respondent No.5, was also disposed of by the aforesaid judgment & order.

(3.) The issue that revolves around in this appeal is with regard to election to the post of President of the Karimganj Zilla Parishad. The appellant and the respondent No.5 having been elected to the Karimganj Zilla Parishad, had contested for the post of President of the Karimganj Zilla Parishad. There are twenty members in the said Zilla Parishad and there was equality of votes as both the appellant and the respondent No.5 secured ten votes each. In case of equality of votes, recourse has to be taken to toss of coin and the dispute has arisen with such toss of coin.