Disposed¶35

The State of Assam v. Ashish Nath and Anr.

Gauhati HC6 Aug 2025WA/289/2022

Case brief

AI extract

What is this about?

Gauhati High Court; WA/289/2022; decided 07.08.2025; Ashutosh Kumar CJ; Arun Dev Choudhury J; withdrawal of resignation; Zilla Parishad Member and President; Karimganj; no-confidence motion; 15 days; Whatsapp message; e-mail; District Commissioner; Section 72(1) Assam Panchayat Act 1994; admissibility of electronic message; appeal infructuous; term expired; fresh elections; new Parishad constituted; appeal closed; issue left open for future deliberation.

What did the court decide?

With the passage of time the appeal has become infructuous, because during its pendency the respondent's term expired, fresh elections were held and a new Parishad has been constituted; there is consequently no necessity of continuing with the appeal. ¶33

The State of Assam Vs Ashish Nath and Anr. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010183592022

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

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Case No. : WA/289/2022

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THE STATE OF ASSAM

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI 781006

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2: THE COMMISSIONER.

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PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWAHATI 781022

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3: THE DEPUTY COMMISSIONER

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KARIMGANJ ASSAM 788710

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4: THE CHIEF EXECUTIVE OFFICER

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KARIMGANJ ZILLA PARISHAD KARIMGANJ ASSAM 78871

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VERSUS

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ASHISH NATH AND ANR. S/O PARIMAL CH. NATH

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RESIDENT OF VILLAGE PALADAHAR, PO BAZARGHAT, PS RATABARI, DIST KARIMGANJ, ASSAM 788733

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2:SMTI BIMALA SUKLABAIDYA

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MEMBER KARIMGANJ ZILLA PARISHAD PO KARIMGANJ ASSA

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For petitioner/applicant(s) : Mr. D. Saikia, AG, Assam Mr. K. Konwar, Addl. AG, Assam Ms. R. Baruah, Advocate

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For respondent(s) : Mr. K. N. Choudhury, Sr. Advocate Mr. K. A. Sadial, Advocate Ms. R. Baruah, Advocate

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– BEFORE –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MRs. JUSTICE ARUN DEV CHOUDHURY

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07.08.2025

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(Ashutosh Kumar, CJ)

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The respondent, Ashish Nath, was declared elected as a Member of Karimganj Zilla Parishad and was also elected the President of the said Parishad.

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While an effort was on for moving a no-confidence motion against him, he resigned from the post on 18.09.2021, which letter of resignation was sent to the District Commissioner, Karimganj, to be communicated to the Government. The claim of the respondent is that he withdrew his resignation before the expiry of 15 days.

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Contention was raised that such withdrawal of resignation was beyond the prescribed period of 15 days.

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The learned Single Judge, while dealing with the case found that it was within time. While saying so, the learned Single Judge dealt with the law of resignations and also the facts of the case and held that the resignation was withdrawn by sending a Whatsapp message as also by sending e-mail to the Government within 15 days.

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Some objections were raised with respect to the admissibility of such electronic message (Whatsapp and e-mail), but the major concern of the

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respondent in the writ petition was that the letter of withdrawal of resignation was not addressed to the Government but to the District Commissioner, Karimganj, which is not in consonance with the provisions of Section 72(1) of the Assam Panchayat Act, 1994.

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However, with the passage of time, this appeal has become infructuous for the reason that during pendency of the appeal, the term of the respondent expired and fresh elections were held and also new Parishad has been constituted.

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In that view of the matter, we do not find any necessity of continuing with this appeal.

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We thus close the appeal as the same having become infructuous.

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Needless to say that the issue raised in this appeal, namely, the valid mode of withdrawal of the resignation of a Member of Zilla Parishad, would remain open for any future deliberation.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

The State of Assam v. Ashish Nath and Anr.

Case brief

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The State of Assam v. Ashish Nath and Anr.

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