Gauhati High Court Directs Assam Govt To Hold Silchar Municipal Corporation Elections Within 2 Months

The Gauhati High Court has directed the Assam Government to conduct elections to the Silchar Municipal Corporation expeditiously and preferably within two months, after noting that the revision of electoral rolls had been completed and there was no longer any impediment to holding the polls. Justice Sanjay Kumar Medhi observed: "From the affidavit-in-opposition filed by the Election Commission... it appears that though certain reasons were cited for the delay... the revision of the Electoral Rolls has been completed and the same has been published. Accordingly, there is no impediment in holding the elections." The direction came while disposing of a writ petition filed by Dhruba Kumar Saha and four others seeking timely elections to the Silchar Municipal Corporation. The petitioners contended that the last elected municipal body was dissolved in April 2020 and that, ever since, the civic body had been administered first by an Executive Officer and later by a Commissioner without any elected representatives. They argued that both the Constitution and the governing municipal statutes mandate an elected municipal body. Appearing for the petitioners, counsel relied on Article 243U of the Constitution, Section 26 of the Assam Municipal Act, 1956 and Section 7 of the Assam Municipal Corporation Act, 2022 to submit that holding municipal elections is a constitutional obligation. In its affidavit, the Assam State Election Commission stated that the elections could not be conducted earlier due to factors including the Special Intensive Revision (SIR) exercise and revision of the electoral rolls. However, its Standing Counsel informed the Court that the revision exercise had concluded on July 15, 2026 and the electoral rolls had since been published. It was further submitted that the State Government would now be required to take steps for conducting the elections, including making budgetary provisions and providing administrative and police assistance. The State Government assured the Court that all necessary steps would be taken to comply with the constitutional and statutory mandate. The Silchar Municipal Corporation also endorsed the position that timely elections to local bodies must be held. After considering the submissions, the High Court reiterated that the requirement of elected local bodies admits of no ambiguity. "There cannot be any ambiguity or two opinions on the requirement to have elected local bodies. So far as the Municipalities are concerned, the Constitution of India under Article 243U has specifically laid down such requirements," the Court observed. Noting that the Election Commission itself had confirmed completion and publication of the revised electoral rolls, the Court held that the earlier reason for delaying the elections no longer survived. Accordingly, the Court directed the State authorities to conduct the Silchar Municipal Corporation elections in accordance with law, expeditiously and preferably within two months, and disposed of the writ petition.Case No.: WP(C) No. 6635/2025Case Title: Dhruba Kumar Saha & Ors. v. State of Assam & Ors.LL Citation: 2026 LiveLaw (Gau) 108Click Here To Read Judgement

Gauhati High Court Directs Assam Govt To Hold Silchar Municipal Corporation Elections Within 2 Months

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Bhavya Singh

Gauhati High Court Directs Assam Govt To Hold Silchar Municipal Corporation Elections Within 2 Months

Bhavya Singh

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Bhavya Singh

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