Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 28.08.2026
Case Overview
- Petitioner: NGO Nabakiran and Anr, represented by Executive Member Jalal Uddin Barbhuiya, Add‑Ghagrar Part II, P.O. Salchapra, Silchar, Cachar, Assam.
- Respondents:
1. State of Assam and 6 others, represented by Chief Secretary to the Government of Assam, Dispur, Guwahati.
2. Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi.
3. Chief Electoral Officer, Assam, Office of the Chief Electoral Officer, Assam, Dispur, Guwahati.
4. Additional Chief Secretary, Government of Assam, Agriculture Department, Dispur, Guwahati.
5. Director of Agriculture, Assam, Khanapara, Guwahati.
6. District Agricultural Officer, Cachar, Silchar, Cachar, Assam.
7. Dr. Rahul Chakraborty, S/O Rabindra Kumar Chakraborty, Assistant Director of Agriculture (DL‑I) and In‑Charge District Agriculture Officer, Cachar, Silchar.
- Counsel for Petitioners: Mr. K. Mira (advocate).
- Counsel for Respondents: Mr. D. Bora (Government Advocate for Respondent 1); Ms. S. Katakey (advocate for ECI – Respondents 2 & 3); Ms. G. Bora (Standing Counsel, Agriculture Department – Respondents 4, 5 & 6).
- Nature of Relief Sought: Transfer of Respondent No. 7 (Dr. Rahul Chakraborty) from his position as Assistant Director of Agriculture and In‑Charge District Agriculture Officer, Cachar.
- Maintainability Issue: The Court noted that the petition’s maintainability was in question because the petitioner is an NGO and the relief sought concerns a government officer.
Final Outcome
- At the hearing, counsel for the petitioners expressed a desire to withdraw the writ petition.
- The Court permitted the withdrawal and ordered that the writ petition stand dismissed as withdrawn.
- The order was pronounced by Hon’ble Mr. Justice Nelson Sailo.
Topics: Legal Proceedings, NGO Litigation