Gauhati High Court
WP(C)/2239/2026 of RANA PRATAP BHUYAN Vs THE UNION OF INDIA AND 4 ORS on 27 April 2026
GAHC010081362026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2239/2026 RANA PRATAP BHUYAN S/O- LATE TILAK CHANDRA BHUYAN, PRESENTLY SERVING AS SENIOR INSPECTOR/ AUDITOR OF THE CO-OPERATIVE SOCIETIES, SONITPUR, R/O- BARHAMPUR
GAHC010081362026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2239/2026
RANA PRATAP BHUYAN
S/O- LATE TILAK CHANDRA BHUYAN, PRESENTLY SERVING AS SENIOR
INSPECTOR/ AUDITOR OF THE CO-OPERATIVE SOCIETIES, SONITPUR, R/O- BARHAMPUR TINIALI, P.O. BARHAMPUR, DIST. NAGAON, ASSAM, PIN- 782102.
VERSUS
THE UNION OF INDIA AND 4 ORS
REPRESENTED BY SENIOR PRINCIPAL SECRETARY, ELECTION
COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW
DELHI-110001.
2:PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
CO-OPERATION DEPARTMENT
DISPUR-781006
3:REGISTRAR OF CO-OPERATIVE SOCIETIES OF ASSAM
KHANAPARA
GUWAHATI-781022.
4:ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
TEZPUR
PIN- 781004.
5:DISTRICT DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
SONITPUR-781004
Advocate for the Petitioner : MS D DAS, MS K TAYE
Advocate for the Respondent : SC, ECI, SC, CO OP
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
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ORDER
Date : 28.04.2026 Heard Ms. D. Das, learned counsel for the petitioner. Also heard Ms. S. Katakey, learned counsel appearing for the respondent No.1 and Ms. S. T. Bokth, learned counsel appearing for the respondents No. 2 to 5.
2. The petitioner is presently serving as Senior Inspector/Auditor of the Co-operative Societies, Sonitpur.
3. It is contended that by an order dated 09.01.2026 issued by the District Commissioner & District Election Officer, Sonitpur, the petitioner was assigned the responsibility to function as the Sector Officer during the recent Legislative Assembly Election held on 09.04.2026.
4. The name of the petitioner as Sector Officer appears at Serial No. 98, showing that he was detailed under Zone-21.
5. It is submitted that by an order dated 15.03.2026 issued by the Deputy Secretary to the Govt. of Assam, Cooperative Department, the petitioner has been transferred from the present place of posting at Sonitpur to the Office of the ARCS Sivasagar.
6. The learned counsel for the petitioner contended that the petitioner was appointed as Sector Officer by the aforesaid order dated 09.01.2026, prior to the date of the issuance of the transfer order which has been issued on 15.03.2026. As per the notification issued by the Election Commission of India, Clause 7(iii) exempts Sector Officers/Zonal Magistrate involved in both the election duties from the purview of election commission’s notification dated 09.02.2026.
7. The learned counsel for the petitioner further submits that the petitioner’s mother has been suffering from arthritis and various other age related ailments and require assistance with her day to day activities and he being the eldest son in the family, is the only care giver as his wife also being in a government service is posted in different place at Biswanath Chariali and therefore, at this stage, the petitioner ought not to have been transferred considering the health condition of his ailing mother.
8. Ms. S. Bhakt, learned counsel for the respondent submits that the Cooperation has not received any representation from the petitioner putting forward his grievances and for reconsideration of his transfer order.
9. At this stage, the learned counsel for the petitioner fairly submits that the petitioner has not made any separate representation before the authority requesting for cancellation of his transfer; however, the officer’s Association have filed a representation on 16.02.2026 before the Secretary, Govt. of Assam not to transfer the officers of Cooperation Department solely on the basis of the ECI notification.
10. The learned counsel for the petitioner further submits that the petitioner may be allowed to make a separate and an independent representation before the respondent authority for reconsideration of his transfer and in the meantime, the transfer order dated 15.03.2026 in respect of the petitioner may be stayed.
11. Ms. S. Katakey, learned counsel for the respondent No.1 has fairly submitted that the Sector Officer are exempted from the transfer policy as specifically mentioned in Clause 7(iii) of the Notification dated 09.02.2026.
12. Having considered the submissions made by the learned counsel for the parties and also considering the limited prayer made by the learned counsel for the petitioner that the petitioner may be allowed to make representation, this Court is of the view that the petition can be disposed of at the motion stage itself.
13. Accordingly, this writ petition is disposed of with a liberty granted to the petitioner to submit representation before the respondent authority putting forward his grievance regarding his transfer within 10 days from today; and upon receipt of such representation, the respondent authority shall examine and consider the case of the petitioner, taking into account the notification dated 09.02.2026 issued by the Election Commission of India as well as the health condition of the petitioner’s mother, and shall pass a reasoned and speaking order within a further period of 3 (three) weeks thereafter.
14. Till such disposal of the representation, the transfer order dated 15.03.2026 in respect of the petitioner shall remain stayed.
15. The writ petition stands dispose of. JUDGE Comparing Assistant