Writ petition challenging Governor's rule imposition in BTC area dismissed due to absence of cause of action; merits left undecided.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010158462020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WP(C)/4737/2020
MRIDUL KUMAR DAS AND 3 ORS. S/O- SRI PRAFULLA CHANDRA DAS VILL- BARBHERA P.O. CHECHAPANI P.S.- TAMULPUR DIST.- BAKSA (BTC) ASSAM PIN- 781360
2: DILIP KUMAR SARANIA S/O- LT. LAKHI KANTA SARANIA VILL- DIGHILIPAR P.O. AND P.S. TAMULPUR DIST.- BAKSA (BTC) ASSAM PIN- 781367
3: BIDYUT SARANIA S/O- SRI NAGEN SARANIA VILL- CHAPATAL P.O. AMAYAPUR P.S. TAMULPUR DIST.- BAKSA ASSAM PIN- 781367
4: DANIEL MARDI S/O- SRI BAKUL MARDI VILL- KALAJHAR P.O. PATKIJULI P.S. TAMULPUR DIST.- BAKSA ASSAM PIN- 781360
Page No.# 2/3
VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM ASSAM SACHIBALAYA DISPUR GHY-6 2:THE COMM. AND SECY. TO THE GOVERNOR OF ASSAM RAJBHAWAN GHY-01 3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES DEPTT. DISPUR GHY-6 4:THE STATE ELECTION COMMISSIONER STATE ELECTION COMMISSION ASSAM HOUSEFED COMPLEX DISPUR GHY-6 5:BODOLAND TERRITORIAL COUNCIL REP. BY THE PRINCIPAL SECY. BTC BADOFA NWGWR KOKRAJHAR ASSAM PIN- 783370 6:THE ADMINISTRATOR BODOLAND TERRITORIAL COUNCIL BADOFA NWGWR KOKRAJHAR ASSAM PIN- 783370 -----------Advocate for : MR. M SARANIA Advocate for : SR. GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 10.03.2021
Shri M Sarania, learned counsel for the petitioners fairly submits that though this writ
Page No.# 3/3
petition was filed challenging the imposition of the Governor’s Rule in the BTC area vide Notification dated 28.10.2020, by efflux of time and subsequent developments, there may not be any surviving cause of action.
Shri S Bora, learned Standing Counsel, BTC submits that the matter has become merely academic.
In view of the above, the writ petition stands dismissed, however, the issue on merits is left undecided in this case.
JUDGE
Comparing Assistant
Mridul Kumar Das and 3 Ors.
The State of Assam and 5 Ors.
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
