WP(C) 230/2008 BEFORE HON’BLE JUSTICE MR I. A. ANSARI Heard Mr. M. H. Rajborbhuyan, learned counsel, appearing on behalf of th e writ petitioners, and Mr. M. U. Mamud, learned Standing counsel, ASEC, appeari ng on behalf of respondent Nos. 1, 2, 3 and 4. Also heard Mr. N. Dhar, learned counsel, appearing on behalf of respondent No. 5, who was the applicant in the M isc. Case 195/2008. By making this writ application under Article 226 of the Constitution of India, the petitioners have, in effect, sought for issuance of appropriate writ (s) commanding the respondents, particularly, respondent Nos. 1 and 2, namely, A ssam State Election Commission, and Deputy Commissioner/Returning Officer, Panch ayat Elections, Karimganj, respectively, to hold/conduct repoll in respect of th e recently held Panchayat Elections at the polling stations, namely, Centre (War d) No. 3 Mendibari ME School, and Centre (Ward) No. 5 Kashergaon LP School of No . 25 Jurbari-Defalala Gaon Panchayat under No. 3 Patherkandi Anchalic Panchayat of No. 5 Asimgang Zilla Parishad Constituency in the district of Karimganj, Assa m. In this writ petition, the petitioners have also annexed to the writ pet ition copies of the two representations, both dated 10.01.2008 (annexure- 2 & 3) , which they made to the respondent No. 2, namely, Deputy Commissioner/Returning Officer, Panchayat Elections, Karimganj, requesting him to hold repoll in resp ect of the polling stations mentioned above. The representations, so made, indi cate that the petitioners have, basically, sought for repoll at the centers afor ementioned. Such repoll is not possible unless the election already held is dec lared void in terms of the provisions of Rule 34 of the Assam Panchayat (Constit ution) Rules, 1995. In view of the fact that the petitioners have already made representatio ns aforementioned and these representations are, in effect, representations made under Rule 34 of the Assam Panchayat (Constitution) Rules, 1995, the respondent No. 2, namely, Deputy Commissioner-cum-Returning Officer, Panchayat Elections, Karimganj, has the duty to consider the matter in accordance with the provisions of Rule 34 and other provisions of law connected therewith. Considering, therefore, the matter in its entirety and in the interest o f justice, this writ petition is disposed of with the direction to the responden t No. 2, namely, Deputy Commissioner-cum-Returning Officer, Panchayat Elections, Karimganj, to examine and consider the grievances expressed by the writ petitio ners in their two representations aforementioned and do the needful in accordanc e with law. Whatever decision(s) is/are arrived at by the State respondents/aut horities concerned and/or whatever order(s) is/are passed, in this regard, by th e State respondents/authorities concerned, shall be communicated, in writing, to the petitioners. The whole exercise, so directed, shall be completed within a period of three days from the date of receipt of a copy of this order by the res pondent No. 2. If the petitioners or any of the petitioners feels aggrieved by the decision(s), which may be taken by the State respondents/authorities con cerned, and/or the order(s), which may passed by the State respondents/authoriti es concerned, the petitioner or petitioners, as the case may be, shall remain at liberty to take recourse to such provisions of law as may be permissible. With the above observations and directions this writ petition stands dis posed of.