Petitioner challenged a Government of Assam notification excluding Nalbari Zila Parishad from the rotational reservation policy for the office of President of Zila Parishad for women. The petition was allowed on withdrawal with liberty to file a fresh petition.
Writ petition allowed on withdrawal with liberty to file a fresh writ petition.
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GAHC010030652019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/989/2019
CHAJIMA BEGUM
WIFE OF MD. ALKASH ALI, VILL- JAGARA, P.O. JAGARA, P.S.- BELSOR, DIST.- NALBARI, ASSAM, PIN- 781310.
VERSUS
THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMMISSIONER, PANCHAYAT AND RURAL DEVELOPMENT, PUNJABARI, JURIPAR, GUWAHATI.
2:THE SECRETARY
ASSAM STATE ELECTION COMMISSION HOUSEFED COMPLEX DISPUR GUWAHATI-6. 3:THE DEPUTY COMMISSIONER NALBARI DISTRICT NALBARI.
4:THE CHIEF EXECUTIVE OFFICER
NALBARI ZILA PARISHAD DIST.- NALBARI ASSAM
Advocate for the Petitioner : MR. R GOSWAMI, MS. P. KALITA,MS. R DEVI,MS. U BHATTACHARYYA
Advocate for the Respondent : SC, PNRD, GA, ASSAM,SC, ECA
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BEFORE
THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY Order
11.09.2024
The writ petition is filed assailing legality and correctness of a notification bearing No. PDA.474/2007/228-D dated 28.01.2019 issued by the Government of Assam in Panchayat and Rural Development Department to the extent that it excludes Nalbari Zila Parishad for reservation of the Office of President for women on rotation basis. The issue involve is whether a district can be singled out and be excluded from the policy of the Government to reserve the office of the President of Zila Parishad for women on rotational basis.
Mr. R Goswami, learned counsel for the petitioner submits that the term of the Nalbari Zila Parishad has already been over and therefore he has instruction to withdraw this writ petition with a liberty to file a fresh writ petition to raise the similar issue, if so advised.
Prayer is allowed.
Accordingly, the present writ petition stands closed on withdrawal with the liberty as prayed for.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the present writ petition can be allowed on withdrawal with liberty to approach the court subsequently.
Whether a district can be singled out and excluded from the policy of reservation for women as President of Zila Parishad on a rotational basis.
Chajima Begum
State of Assam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
