WP(C) 1122/2008 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA All the writ petitions pertain to holding of Panchayat Elections in the District of Goalpara including the areas pertaining to Rabha Hasang Autonomous Council. In W.P.(C) No. 1122/2008 it is the prayer of the petitioners that they being the earlier elected panchayat bodies, they should be allowed to continue to dischar ge the duties, functions and responsibilities of the panchayat bodies till the p anchayat elections are held in the District. In W.P.(C) No. 1252/08, the prayer of the petitioners is just the opposite of the prayer made in W.P.(C) No. 1122/0 8. The prayer made is not to restore the defunct panchayat bodies permitting the m to discharge duties, functions and responsibilities of the panchayat bodies ti ll election is held. In W.P.(C) Nos. 294/08 and 296/08, the prayer made is for a direction to the respondents to ensure holding of panchayat elections as expedi tiously as possible. I have heard Mr. A.K. Phukan, learned Advocate General, Assam and Mr. M. U. Mahmud, learned Standing counsel, Election Commission. I have also heard Mr. A.S. Choudhury, learned Sr. counsel appearing for the petitioners in W.P.(C) No. 1122/08 as well as Mr. J. Ahmed, learned counsel led by Mr. A.M. Majumdar, lear ned Sr. counsel for the petitioners in W.P.(C) No. 1252/08. Be it stated there t hat the petitioners are also party respondents in W.P.(C) No. 1122/08. I have al so heard Mr. A.K. Goswami, learned Sr. counsel for the petitioners in W.P.(C) No . 296/08 and Ms. S.B. Choudhury, learned counsel for the petitioner in W.P.(C) N o. 294/08. I have also heard Ms. R. Chokraborty, learned Addl. Sr. Govt. advocat e. There is no dispute that election notification was issued for holding el ections throughout the State of Assam including the District of Goalpara. Such n otification was issued pursuant to the direction of this Court passed in W.P.(C) No. 1978/07. The writ petition was disposed of by judgment and order dated 25.0 5.07 directing the State Govt. to ensure holding of panchayat elections througho ut the State on or before 31.10.07. In the interregnum, it was provided that the earlier elected bodies should be allowed to continue, without, however, any maj or policy decision or without incurring any expenditure from the funds other tha n payment of salaries to the staff and the routine function of the office. As no ted above, election for the District of Goalpara was also notified. However, bec ause of some stray incidents, elections had to be postponed and the Govt. issued notification to that effect. After issuance of the election notification, the p anchayat bodies were run by the Govt. and presently also the panchayat bodies ar e being run by the Govt. While it is the case of the petitioners in the first writ petition that in terms of the earlier direction of this Court, the panchayat bodies inspite of expiry of its term should be allowed to continue till election is held in reali ty, the plea of the petitioner in W.P.(C) No. 1252/08 is that since the term of office of the earlier panchayat bodies has already expired and presently the s aid bodies are being run by the Govt., the said bodies should be allowed to be r un by the Govt. and not by the defunct bodies. In this connection, Mr. J. Ahmed, learned counsel for the petitioner has placed reliance on decision of the Apex Court reported in AIR 2000 SC (Ranbir Singh, vs. Satbro Devi and others). In the said case the removal of the Sarpanch was stayed with the resultant effect tha t the removed Sarpanch would be restored to the position in which he was prior t o his removal. Clarifying the stay order, the Apex Court observed that clear int ention of stay order was that the Sarpanch would cease to hold office on expiry of his term. It was held that that being the position, the petitioner could not take advantage of Govt. notification postponing panchayat elections and to conti nue to hold office beyond his term. The panchayat election has been held in terms of the aforesaid order dat ed 25.05.07 passed in W.P.(C) No. 1978/07 in terms of which election was to be h eld on or before 31.10.07. It is submitted that the target date 31.10.07 was rel axed/modified by the Division Bench of this Court in Writ Appeal No. 365/07. The Division Bench by its order dated 13.11.07 directed to start election process b y 16.11.07 and thereafter to complete the entire process in accordance with law. With the issuance of the notification to hold election throughout the St ate of Assam, there was substantial compliance of the direction of this Court. I t was on such eventuality, the expired panchayat bodies stopped functioning and as noted above, election of panchayat bodies of Goalpara District could not be held due to postponement on account of some law and order problem. Govt. offici als have been deputed to look after the affairs of the panchayat bodies. Present ly, such Govt. officials are running the affairs of the panchayat bodies. In my considered view in such a situation, it will not be conducive to i ssue direction to restore back the defunct bodies to discharge duties, functions and responsibilities of the panchayat bodies till such time the election which was already notified, but had to be postponed due to law and order problem, is h eld. In the aforesaid case of Ranbir Singh (supra), the Apex Court observed that notwithstanding postponment of panchayat election, the Sarpanch could not cont inue to hold office beyond his term. Mr. A.K. Phukan, learned Advocate General by producing a copy of the let ter dated 11.03.08, submits that a committee has been constituted to look into t he affairs relating to Rabha Hasang Autonomous Council. According to him, the e lection in the District of Goalpara is expected without further delay. As per th e said letter, issue of formal notification is in the process. In the W.P.(C) Nos. 294/08 and 296/08 the prayer of the petitioners, as noted above, is to hold early election in the District of Goalpara. Since it is submitted by the learned Advocate General that elections is expected to be hold without further delay, it is hereby directed that the State respondents shall e nsure holding of the election as expeditiously as possible preferably within 31. 05.08. Upon necessary clearance by the Govt., Election Commission shall hold ele ction in accordance with law. With the above directions, all the writ petitions are disposed of. A cop y of this order shall be furnished to Ms. R. Chokraborty, learned State counsel for her onward transmission to the concerned authorities.