WP(C) 422/2008 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. J. Roy, learned counsel for the petitioner as well as Ms. R. C hokraborty, learned State counsel. I have also heard Mr. M.U. Mahmud, learned St anding counsel, Election Commission. The petitioner who contested the just concluded Panchayat Election for t he post of Gaon Panchayat Member for the 16 No. Chaygaon Gaon Panchayat under No . 2 Dagaon Kathai Constituency, is aggrieved by the Annexure-D order dated 29.01 .08 passed by the Deputy Commissioner, Kamrup, Guwahati. After counting the votes, initially the petitioner was declared to have been elected securing 260 number of votes against his nearest rival securing 251 number of votes. Thereafter, Annexure-D impugned order dated 29.01.08 was issue d reversing the said declaration stating that it is in fact, the rival candidate who has secured 260 number of votes and the petitioner got only 251 votes. The order reflects verification of ballot papers and discussion of the matter with t he observers in person and the Secretary of the State Election Commission over phone. By the impugned order, declaration made in favour of the petitioner has been cancelled and the respondent No. 3 has been declared elected. Mr. Roy, learned counsel for the petitioner submits that the impugned or der dated 29.01.08 having been passed without putting the petitioner to any kind of notice and the ballot papers having been verified in absence of the petition er, same is not sustainable in law. He has expressed apprehension of mixing of ballot papers in absence of the petitioner. Without expressing any opinion on merit of the case and having regard to the limited prayer for disposal of Annexure-F representation dated 01.02.08, I dispose of the writ petition with a direction to the Deputy Commissioner, Kamrup to take on record the representation dated 01.02.08 (Annexure-F) and dispose of the same in accordance with law after providing opportunities of being heard to both the candidates. The representation shall be disposed of by a speaking orde r dealing with the issues raised by the petitioner. It is submitted that final certificate of election is going to be issued on 05.02.08. It is hereby provided that the said certificate shall not be issue d till the representation is disposed of in the above manner. It is expected tha t the Deputy Commissioner shall dispose of the representation as expeditiously a s possible preferably within one week from today, keeping in mind the public int erest involved. Writ petition is disposed of.