The court ruled that disqualification proceedings against elected members must adhere to procedural fairness and natural justice principles, including the right to a fair hearing.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. H Das, learned counsel for the petitioner. Also heard Mr. N Goswami, learned State counsel and Mr. S Dutta, learned counsel for the P&RD Department.

2. Issue notice, returnable forthwith. Notice is not issued to respondent No. 8 at this stage.

3. The petitioner assails the proceeding initiated based on an application dated 19.05.2025 seeking disqualification of the petitioner as a Gaon Panchayat Member of village 11 No. Takimari, Haguripara. The further challenge is an enquiry report dated 31.05.2025 as well as second complaint filed by the respondent No. 8 and consequential hearing dated 27.06.2025.

4. The important fact necessary for determination of the present writ petition are as follows.

I. The petitioner got elected as Gaon Panchayat Member of village 11 No. Takimari, Haguripara under No. 1 Nathongthonga Tiapara Gaon Panchayat under Joleswar Anchalik Panchayat in the district of Goalpara, under the ASSAM PANCHAYAT ACT , 1994.

II. The wife of the respondent No. 8 also contested the said election and got defeated. The respondent No. 8 filed an application before the District Commissioner, Goalpara, inter-alia, alleging that the petitioner/ elected candidate is disqualified for being elected as a Member of Gaon Panchayat for the reason of having three children inasmuch as according to the respondent No. 8, the third children was borne on 22.08.2021.

III. On the basis of such complaint, the District Commissioner, Goalpara conducted an enquiry through an Executive Magistrate, who in turn submitted a report.

IV. The report goes to show that during enquiry, some of the neighbor of the petitioner admitted that the petitioner had two children and some section of the people stated that the petitioner is having three children.

V. It is further revealed in the enquiry that the family member and husband of the candidate also stated that the third daughter, namely, Zenifar Akhtara expired after four months of her birth. However, no death certificate from the Kabarsthan certifying such death could be produced by them. According to the report, the enquiry officer also recorded the statement of the Anganwadi Worker who stated that said Zenifar Akhtara is alive and there is a record of her presence. The enquiry officer did not find any record in the office of the Joint Director of Health Services as regards death of the child, however, there was a record of vaccination of the said child in a medical centre.

VI. Thus, it was concluded that the candidate kept her third child in some other place and sworn a false affidavit before the concerned officer and therefore, there is violation of Section 111 (2) of the ASSAM PANCHAYAT ACT , 1994 and Rules 62(1), which disqualifies a person to be elected as a Member of Gaon Panchayat.

VII. Thereafter on 05.06.2025, the petitioner filed an application before the District Commissioner, Goalpara, inter-alia, contending that, though the third child was born, however, the said child died on 02.11.2021, after three months of birth and accordingly, she also submitted birth certificates of first two children and a death certificate from Kabarsthan of the deceased third child.

VIII. Thereafter, based on such application, the District Commissioner sought presence of Child Development Protection Officer, Lakhipur ICDS Project, Lakhipur, workers Aolatoli Anganwadi Centre, Lakhipur and President/ Secretary of Takimari Maragara Kabarsthan, Lakhipur.

IX. Thereafter, a notice of hearing was issued to the petitioner on 24.06.2025 for hearing on 27.06.2025 at 10.30 am.

5. Mr. D