Gauhati High Court

WP(C)/4938/2026 of TAHIRA BEGUM BARBHUIYA Vs THE STATE OF ASSAM AND 5 ORS on 8 September 2026

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GAHC010196122026 2026:GAU-AS:13165 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4938/2026 TAHIRA BEGUM BARBHUIYA DAUGHTER OF SOFUR UDDIN BARBHUIYA, RESIDENT OF WARD NO. 26, P.O. BERENGA PART-I, SILCHAR, DISTRICT - CACHAR, ASSAM,

GAHC010196122026

2026:GAU-AS:13165

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4938/2026

TAHIRA BEGUM BARBHUIYA

DAUGHTER OF SOFUR UDDIN BARBHUIYA, RESIDENT OF WARD NO. 26, P.O. BERENGA PART-I, SILCHAR, DISTRICT - CACHAR, ASSAM, PIN-788005.

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF

ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, DISPUR, GUWAHATI-781006.

2:THE STATE ELECTION COMMISSION

ASSAM

REPRESENTED BY THE STATE ELECTION COMMISSIONER

PANJABARI

GUWAHATI-781037.

3:THE DISTRICT COMMISSIONER

CACHAR

OFFICE OF THE DISTRICT COMMISSIONER

SILCHAR

DISTRICT - CACHAR

ASSAM

PIN-788001.

4:THE ELECTION OFFICER

CACHAR

OFFICE OF THE DISTRICT COMMISSIONER

SILCHAR

DISTRICT CACHAR

ASSAM

PIN-788001.

5:THE RETURNING OFFICER/ REGISTRATION OFFICER

WARD NO. 25

SILCHAR MUNICIPAL CORPORATION

SILCHAR

DISTRICT - CACHAR

ASSAM

PIN-788001.

6:THE RETURNING OFFICER/ REGISTRATION OFFICER

WARD NO. 26

SILCHAR MUNICIPAL CORPORATION

SILCHAR

DISTRICT - CACHAR

ASSAM

PIN-788001

For the Petitioner(s) : Mr. N.A. Mazarbhuiya, Advocate For the Respondent(s) : Mr. N. Goswami, Govt. Advocate Mr. R. Dubey, Standing Counsel BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 09.09.2026

The learned counsel for the petitioner submitted that in view of Article 243ZG(b) of the Constitution of India, the petitioner would not like to pursue the instant proceedings, taking into account that in the meantime, the election process has already been notified. The learned counsel, however, submitted that the withdrawal of the writ petition should not prejudice the petitioner from taking recourse to law after the election process is over.

2. Taking into account the above, the instant writ petition stands closed on withdrawal.

3. It is, however, observed that the withdrawal of the instant writ petition shall not prejudice the petitioner from taking recourse to such proceedings as may be available in law after the election process is completed.

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