WP(C) 637/2011 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr AB Choudhury, learned Senior Counsel for the petitioners. Also, heard Mrs VL Singh, learned State counsel appearing for the respondents. The petitioners by this petition have challenged W.T. message dated 25.1 1.2011 issued by the Commissioner and Secretary to the Government of Assam, in W PT & BC Department, intimating the Deputy Commissioner, Morigaon, who is the Pri ncipal Secretary, Tiwa Autonomous Council, to postpone the oath-taking programme of the petitioners and 2 others as the member of the Council nominated vide com munication dated 24th January 2011, because of pendency of Cont Case(C) No.408/2 010. It has been submitted by learned Senior Counsel that nominations of peti tioners made vide notification dated 24 January 2011 being not the subject matte r in WP(C) No.3776/2010 and the Cont.Case(C) No.408/2010 having been filed alleg ing willful and/or deliberate violation of the interim directions contained in t he order dated 11th November 2010 passed in the said writ petition whereby and w here-under the respondents-therein were directed not to approve the result of th e election of the respondent No.4-therein, namely Niraj Bardoloi, who had been e lected to the No.9 Domal Assembly Constituency, the ground on which oath-taking programme was postponed is non-existent. Learned State counsel has submitted that the said W.T. message dated 25. 11.2011 was issued only because of pendency of Cont. Case(C) No.408/2010, and no t for any other reason. To appreciate the aforesaid contention of the learned Senior Counsel, I have perused the records of WP(C) No.3776/2010, Cont Case(C) No.408/2010 and als o WP(C) No.599/ 2011. In WP(C) No.3776/2010 the election of Niraj Bardoloi to the No.9 Domal A ssembly Constituency was in challenge, wherein an interim order dated 1st Novemb er 2010 was passed not to approve the election of Niraj Bardoloi, respondent No .4-therein, which had been extended by order dated 15th November 2010. Cont Case(C) No.408/2010 had been filed by the writ petitioner in WP(C) No.3776/2010, alleging willful and/or deliberate violation of the interim order dated 1st November 2010. In WP(C) No.599/2011 a prayer was made to stay the notification dated 24.1. 2011 , without however, making any prayer for setting aside the notification, or decl aring it to be void and illegal. Consideration of the said writ petition was pos tponed by a separate order passed today, because of the prayer made by learned c ounsel for the petitioner in the said writ petition for amendment of pleadings a s well as of the prayer. That apart, no interim order came to be passed in the s aid writ petition staying the operation of notification dated 24th January 2011, whereby and where-under the petitioners, along with the two others, had been no minated as Government-nominee in Tiwa Autonomous Council. Since the notification dated 24.1.2011 issued by the Commissioner and Se cretary to the Government of Assam in WPT & BC Department nominating four person s to the Tiwa Autonomous Council as the government nominee was not the subject m atter in WP(C) No.3776/2010 as well as in Cont Case(C) No.408/2010, the ground o n which the oath-taking programme had been postponed by the impugned WT message dated 25th January 2011, is non-existent. That being the position, the impugned W.T. message dated 25th November 2011 issu ed by the Commissioner and Secretary to the Government of Assam, in the WPT & BC Department, is set aside, in so far as the present petitioners are concerned. The writ petition is allowed to the extent indicated above. No costs.