Gauhati High Court clears panchayat polls in Assam, excludes nine Barak Valley councils

Guwahati, Jan 12: The Gauhati High Court has allowed the Assam State Election Commission (ASEC) to proceed with panchayat elections across the state, barring nine councils in Sribhumi district, Barak Valley, due to ongoing legal disputes.

The exclusion follows nine writ petitions challenging the delimitation process under the Assam Panchayat Act, 1994. The petitioners argued that the final delimitation notice issued by the Additional Chief Secretary of the Panchayat and Rural Development Department violated procedural norms.

Initially, the court issued an interim order on December 17, 2024, restraining ASEC from notifying elections statewide. However, Assam Advocate General Debajit Saikia and ASEC’s counsel argued through an interlocutory petition that the restriction should apply only to the disputed councils.

Justice Soumitra Saikia ruled that while the petitioners cited potential violations of fundamental rights, they failed to provide specific instances of infringement. The court emphasized that electoral rights are statutory and must adhere to legal boundaries.

“In the absence of specific pleadings and factual details from the petitioners, the extension of interim relief to all panchayats statewide is not warranted,” the court observed. Consequently, it permitted elections elsewhere to proceed.

The court clarified that the December 17 order remains limited to the nine councils involved in the petitions and affirmed the state’s authority to issue election notifications for other areas. It added that unresolved legal issues would be addressed once all necessary facts are presented.

Despite the legal go-ahead, logistical concerns remain. Chief Minister Himanta Biswa Sarma cited the clash with the February High School Leaving Certificate (HSLC) and Higher Secondary (HS) exams, which will render polling stations in schools unavailable.

“Panchayat elections will be held either before or after the Rongali Bihu festival,” Sarma informed the media.

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