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2024 Supreme(Gau) 1091

N. UNNI KRISHNAN NAIR
NACHIMA BEGUM, W/O. ABDUL JALIL – Appellant
Versus
STATE OF ASSAM, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT – Respondent


Advocates Appeared:
For the Petitioner: MR. M. AHMED, MD I.H. LASKAR.
For the Respondents: GA, ASSAM, MR. S. BARUAH, SC, P. AND R.D., MR. P. HANDIQUE.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. M. Ahmed, learned counsel, appearing on behalf of the petitioner. Also heard Mr. P. Handique, learned standing counsel, P & RD, Assam, appearing on behalf of respondents No. 1, 2, 5, 6 & 7; and Ms. Usha Das, learned Addl. Senior Government Advocate, Assam, appearing on behalf of respondents No. 3 & 4.

2. The petitioner by way of instituting the present writ petition, has presented a challenge to an order, dated 07.09.2021, issued by the Deputy Commissioner, Karimganj, removing her from the post of Ward Member of Ward No. 6 of North Karimganj Gaon Panchayat on account of violations of the provisions of Section 111(2)(a) of the Assam Panchayat Act, 1994.

3. The petitioner, herein, was elected as the Ward Member of Ward No. 6 of North Karimganj Gaon Panchayat. The petitioner, at the time of her such election; was a mother to 4(four) children and her last of such children was born on 22.09.2017.

4. The petitioner, at the time of her election, had filed the mandatory affidavit along with her nomination paper and therein, had mentioned that she did not have more than 2(two) living children at the relevant point of time.

5. Subsequently, a co

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