Ismail Ali Mazumder Vs Alok Kumar and Anr.

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GAHC010262612022

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2025:GAU-AS:5507

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

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Case No. : Cont.Cas(C)/762/2022

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ISMAIL ALI MAZUMDER S/O- LATE HAJI MUSHAHID ALI MAZUMDAR, VILL AND P.O- PANCHGRAM, P.S- ALGAPUR, DIST- HAILAKANDI, ASSAM

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VERSUS

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ALOK KUMAR AND ANR ASSAM STATE ELECTION COMMISSIONER , ADITYA TOWER 2ND FLOOR , OPPOSITE DOWNTOWN HOSPITAL, G.S ROAD, DISPUR, GUWAHATI-06

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2:NISARG HIVARE THE DEPUTY COMMISSIONER HAILAKANDI KACHARI ROAD HAILAKANDI TOWN HAILAKANDI ASSAM PIN-78815

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Advocate for the Petitioner : MR M J QUADIR, MR S S ISLAM,MR. K MIRA

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Advocate for the Respondent : MR. A N I HUSSAIN, MS. M BARMAN (R-2),MR. M ISLAM (R2),MS. A B KAYASTHA,MR. R DUBEY

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 05.05.2025

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Heard Mr. M. J. Quadir, learned counsel for the petitioner. Also heard Ms. M. Barman, learned counsel for the respondent No. 2 and Mr. R. Dubey, learned

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counsel for the respondent No. 1.

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2. The petitioner’s case is that he had been injured during the Panchayat Election duty on 09.01.2008, when some miscreants had entered into the Polling Station and had beaten up the poll workers and snatched away the ballot boxes. On account of the injuries suffer by the petitioner, the petitioner had prayed for payment of compensation, which was not granted. The petitioner thereafter approached this Court by way of WP(C) 1607/2015 and this Court, vide order dated 11.02.2022, directed the Assam State Election Commission along with the Deputy Commissioner, Hailakandi, to consider the representation of the petitioner and the necessary documents evidencing the injuries caused to the petitioner and the cost incurred by him. Thereafter, a just and fair compensation was to be paid to the petitioner.

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3. As the order dated 11.02.2022 passed in WP(C) 1607/2015 was not being complied with, the petitioner filed the present contempt petition on 17.12.2022.

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4. During the proceedings of this case, the petitioner has been paid a sum of Rs. 25,000/-, as compensation for the injuries suffered by him.

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5. The petitioner’s counsel submits that the petitioner ought to be given the compensation of Rs. 50,000/-, in terms of Clause 4 of the Office Memorandum dated 08.04.2019, which provides for payment of Rs.50,000/- only, to persons engaged in election duty who received non-grievous injury. The petitioner’s counsel thus submits that an additional Rs.25,000/- should be paid to the petitioner.

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6. Ms. M. Barman, learned counsel for the respondent No. 2, on the other hand, submits that the petitioner was treated in the Out Patient Department

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(OPD). Further, the payment of Rs.50,000/- for injuries was to be made only in respect of injuries suffered in Lok Sabha Election of 2019, vide OM dated 08.04.2019. On the other hand, the petitioner’s injury had occurred in the year 2008 when the OM dated 08.04.2019 was not in existence. As such, as the order dated 11.02.2022 passed in WP(C) 1607/2015 had only directed that a fair and just compensation should be given, it cannot be said that the petitioner was not given a fair and just compensation for the injuries suffered by him in the year 2008, inasmuch as, the OM dated 08.04.2019 could not be made applicable to the petitioner.

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7. On considering the fact that the petitioner suffered injuries in the year 2008 and as the OM dated 08.04.2019 only came into effect from 2019, this Court is of the view that the direction passed in WP(C) 1607/2015 stands complied with.

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8. The contempt petition stands closed accordingly.

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Ismail Ali Mazumder v. Alok Kumar and Anr.

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Ismail Ali Mazumder v. Alok Kumar and Anr.

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