Allowed

Kishore Jyoti Roy and Anr. v. the State of Assam and 31 Ors.

Gauhati HC6 Dec 2021I.A.(Civil)/1829/2021

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application seeking impleadment of the District Electoral Registration Officer, Bongaigaon, as a party-respondent in a connected writ petition concerning the formation of an electoral council, deeming his office necessary for adjudication.

What did the court decide?

The application seeking impleadment of the District Electoral Registration Officer, Bongaigaon as party-respondent no. 33 was allowed.

Kishore Jyoti Roy and Anr. Vs the… — Constitutional and Fundamental Rights | Gauhati HC (2021)

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Page No. 1/7

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GAHC010154172021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/1829/2021

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KISHORE JYOTI ROY AND ANR

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S/O LATE MAHENDRA CHANDRA ROY, R/O VILLAGE SANTINAGAR WARD NO. 17, PO BALADMARI, PS GOALPARA, DIST GOALPARA, ASSAM, 783121

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2: SRI UTTAM KUMAR PRODHANI

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S/O LATE RABINDRA NATH PRODHANI VILLAGE UTTAR TOKRERCHARA PART III PO GOLOKGANJ PO BISONDAI DIST DHUBRI ASSAM 78333

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VERSUS

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THE STATE OF ASSAM AND 31 ORS

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, WPT AND B.C DEPARTMENT, DISPUR GUWAHATI-781006

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM LEGISLATIVE DEPARTMENT DISPUR GUWAHATI 06

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3:SRI HITESWAR BARMAN CHAIRMAN INTERIM COUNCIL K.A.C VILLAGE DEURIPARA 783380 DIST BONGAIGAON ASSAM

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4:SRI SUKHEN ROY DEPUTY CHAIRMAN INTERIM COUNCIL K.A.C 783380

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Page No. 2/7

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DIST BONGAIGAON ASSAM 5:SRI GOKUL BARMAN CHIEF EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 DIST BONGAIGAON ASSAM 6:SRI JIBESH ROY EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 RESIDENT OF SASARGAON PART I DIST DHUBRI ASSAM 7:SRI KAMESWAR RAY EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 RESIDENT OF KUMARIGAON DIST DHUBRI ASSAM 8:SRI PRADIP ROY EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 RESIDENT OF MUSALMANPUR (BASANTIPUR) DIST DHUBRI ASSAM 9:SRI GOPAL PATHAK EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 RESIDENT OF KUMARGAON DIST BONGAIGAON ASSAM 10:SRI KARTIK RAY EXECUTIVE COUNCILOR INTERIM COUNCIL

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Page No. 3/7

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K.A.C 783380 RESIDENT OF SOUTH TOKRERCHARA DIST DHUBRI ASSAM 11:SRI ATUL CHANDRA ROY EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 RESIDENT OF SIPONSILA DIST BONGAIGAON ASSAM 12:SRI SUDHIR RAI EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 RESIDENT OF PUB BILASIPARA DIST DHUBRI ASSAM 13:SRI HIMU RAJBONGSHI EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 RESIDENT OF ABHYAPURI DIST BONGAIGAON ASSAM 14:SMTI PURABI SARKAR EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 RESIDENT OF BHAKRIBHITA DIST BONGAIGAON ASSAM 15:SMTI HIMANI ADHIKARI EXECUTIVE COUNCILOR INTERIM COUNCIL K.A.C 783380 DIST BONGAIGAON ASSAM

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Page No. 4/7

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16:SRI CHANDRA SINGHA TALUKDAR

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MEMBER INTERIM COUNCIL K.A.C 783380 DIST GOALPARA ASSAM 17:SMTI SABITA SINGHA MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE BARPETA DIST BONGAIGAON ASSAM 18:MAYA DAS MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE DIST DHUBRI ASSAM 19:ARUN KUMAR ROY MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE HOLIGURI DIST BONGAIGAON ASSAM 20:SRI RANJIT KUMAR RAY MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE DINGDHINGA DIST DHUBRI ASSAM 21:SRI BISWAJIT RAY MEMBER INTERIM COUNCIL K.A.C 783380

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Page No. 5/7

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RESIDENT OF VILLAGE BHAKRIBITHA DIST BONGAIGAON ASSAM 22:SRI MUKUL BARUAH MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE PHUTKIBARI DIST DHUBRI ASSAM 23:SRI MANAS PRATIM ROY MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE BARPETA DIST BONGAIGAON ASSAM 24:SRI HITLAR ROY MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE DIST GOALPARA ASSAM 25:SRO TRAILAKYA ROY MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE PANCHAPUR DIST BONGAIGAON ASSAM 26:SRI DHARMENDRA ROY MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE ABHAYAPURI DIST BONGAIGAON ASSAM 27:SRI DREEPJYOTI ROY MEMBER INTERIM COUNCIL K.A.C

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Page No. 6/7

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783380 RESIDENT OF VILLAGE DIST GOALPARA ASSAM 28:SRI PRANABJYOTI BARMAN MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE DEURIPARA DIST BONGAIGAON ASSAM 29:SRI BISWAJIT ROY MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE DIST DHUBRI ASSAM 30:SRI UTTAM PRADHANI MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE GOLAKGANJ DIST DHUBRI ASSAM 31:SRI BIKRAMJIR RAY MEMBER INTERIM COUNCIL K.A.C 783380 RESIDENT OF VILLAGE CHIPANSILA DIST BONGAIGAON ASSAM 32:SRI AMARENDRA BARMAN MEMBER INTERIM COUNCIL K.A.C 783380 DIST BONGAIGAON ASSA

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Advocate for the Petitioner : MR H DAS

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Advocate for the Respondent : GA, ASSAM

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Page No. 7/7

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 06-12-2021

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Heard Mr. H. Das, learned counsel for the applicants-writ petitioners and Mr. R. Talukdar, learned Junior Government Advocate for the State respondents.

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This interlocutory application has been filed seeking impleadment of “the District Electoral Registration Officer, Bongaigaon” as a party-respondent in the connected writ petition, W.P.(C) no. 3232/2021.

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I have gone through the averments made in the application. From the averments, it is noticed that subject-matter of the connected writ petition is formation of an interim council Kamatapur Autonomous Council. The applicants have preferred an application before the District Electoral Registration Officer, Bongaigaon not to transfer the voting rights of the party-respondent nos. 3, 5, 7, 8, 28 and 31 in the connected writ petition, W.P.(C) no. 3232/2021. As the office of the District Electoral Registration Officer, Bongaigaon is involved in the said process, I am of the view that “the District Electoral Registration Officer, Bongaigaon” as a party-respondent in the connected writ petition will be necessary for the adjudication of the issues raised in the writ petition. Accordingly, this interlocutory application seeking impleadment of “the District Electoral Registration Officer, Bongaigaon” as partyrespondent no. 33 in the connected writ petition is allowed.

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Registry to cause necessary correction in the cause-title of the writ petition, W.P.(C) no. 3232/2021.

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JUDGE

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Comparing Assistant

Kishore Jyoti Roy and Anr. v. the State of Assam and 31 Ors.

Case brief

What is this about?

What did the court decide?

Kishore Jyoti Roy and Anr. v. the State of Assam and 31 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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