Gauhati High Court

WP(C)/2230/2026 of RAHUL ROY Vs THE STATE OF ASSAM AND 7 ORS on 26 April 2026

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GAHC010081042026 2026:GAU-AS:5825 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2230/2026 RAHUL ROY (S/O- SRI GAUTAM RAY) CANDIDATE, LAC-121, HAILAKANDI, R/O- ROYS VILLA, UKILPATTY, SILCHAR, P.O. SILCHAR,, DIST. CACHAR, ASSAM, PIN- 788001

GAHC010081042026

2026:GAU-AS:5825

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2230/2026

RAHUL ROY

(S/O- SRI GAUTAM RAY) CANDIDATE, LAC-121, HAILAKANDI, R/O- ROYS

VILLA, UKILPATTY, SILCHAR, P.O. SILCHAR,, DIST. CACHAR, ASSAM, PIN- 788001

VERSUS

THE STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE CHIEF SECRETARY, DISPUR, GUWAHATI-6

2:THE ELCTION COMMISSION OF INDIA

HEADED BY THE CHIEF ELECTION COMMISSIONER OF INDIA

NIRVACHAN SADAN

ASHOKA ROAD

NEW DELHI- 110001

3:THE CHIEF ELECTORAL OFFICER

ASSAM

JANATA BHAWAN

BLOCK C

4TH FLOOR

DISPUR

GUWAHATI- 781006

4:THE DISTRICT ELECTORAL OFFICER

HAILAKANDI DISTRICT

HAILAKANDI

5:THE RETURNING OFFICER

LAC-121

HAILAKANDI CONSTITUENCY

6:THE GENERAL OBSERVER

HAILAKANDI ELECTION DISTRICT

HAILAKANDI

7:THE GENERAL OBSERVER

ELECTION COMMISSIONER OF INDIA

NIRVVACHAN SADAN

ASHOKA ROAD

NEW DELHI- 110001

8:THE OFFICER-IN-CHARGE

KATLICHERRA POLICE STATION

HAILAKANDI

ASSAM

PIN- 78816

For the Petitioner(s) : Mr. A. K. Purkayastha, Advocate : Ms. S. B. Choudhury, Advocate For the Respondent(s) : Ms. S. Katakey, SC, ECI

: Mr. B. Gogoi, Addl. AG, Assam

BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 27.04.2026

Heard Mr. A. K. Purkayastha, the learned counsel appearing on behalf of the Petitioner and Mr. B. Gogoi, the learned Additional Advocate General, Assam appearing on behalf of the Respondent Nos. 1 and 8. I have also heard Ms. S. Katakey, the learned Standing counsel appearing on behalf of the Respondent Nos. 2, 3, 4, 5, 6 and 7.

2. The Petitioner herein who is a candidate of the LAC-121 Hailakandi from the Indian National Congress Party has filed the instant writ petition seeking declaration that the election held on 09.04.2026 was not fair and the said election should be cancelled and further has also questioned the impugned ex- parte decision dated 10.04.2026. The Petitioner has also sought for various other reliefs which are consequential to the reliefs as mentioned at Serial No.(A) to the writ petition.

3. It is well settled that in view of Article 329(b) of the Constitution of India, no election to either House of Parliament or to the Houses or either House of the Legislature of a State can be called in question except by way of an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.

4. The law in that regard is the Representation of the People Act, 1951 which stipulates the manner and the procedure by which an election petition is required to be filed. Section 100 of the Representation of the People Act, 1951 specifically details out the grounds under which an election can be declared to be void.

5. Under such circumstances, in view of the bar contained in

Article 329(b) of the Constitution of India as well as the provisions of the Representation of the People Act, 1951, this Court is of the opinion that the instant writ petition is misconceived and accordingly, the writ petition stands dismissed.

6. This Court further observes and directs that the dismissal of the instant writ petition shall not prejudice the Petitioner in the circumstance the Petitioner seeks to initiate any proceedings in terms with the Representation of the People Act, 1951, if so advised.

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