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2025 Supreme(Gau) 1258
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. UNNI KRISHNAN NAIR, J.
Taijul Islam, S/o Abdul Rahim - Appellant
Versus
Enamul Hussain And Ors - Respondent
WP(C) 4026 of 2025
Decided on : 23-07-2025
Advocate Appeared:
For the Petitioner: DR. P AGARWAL, MS. S NATH
For the Respondent: MR. M K HUSSAIN, MRS. S Y AHMED, MR. M ALOM
The Election Tribunal lacks authority to issue interim orders restraining an elected candidate from assuming office, as it contradicts the provisions of the Assam Panchayat Act.
Headnote:(A) Assam Panchayat Act, 1994 - Sections 127 and 129 - Order restraining elected candidate from assuming office - Interim direction passed by Election Tribunal found to be without jurisdiction and contrary to statutory provisions - Election Tribunal lacks authority to issue interim orders affecting election results. (Paras 26, 34, 38)
(B) Jurisdiction of Election Tribunal - The Election Tribunal can only issue orders after adjudicating the merits of the election petition; powers do not extend to staying elections or restraining candidates from taking office. (Paras 26, 36)
Facts of the case:
The petitioner was elected as an Anchalik Panchayat Member but was restrained from taking Oath of Office by the Election Tribunal on grounds of pending election petition challenging his election. (Paras 2, 3)
Findings of Court:
The court held that the order passed by the Election Tribunal is void as it exceeds the statutory powers conferred upon it. The petitioner is entitled to assume office pending the election petition's outcome. (Paras 38, 39)
Issues: The court examined whether the Election Tribunal had jurisdiction to restrain an elected candidate from assuming office pending an election petition. (Paras 3, 30)
Ratio Decidendi: The court ruled that interim orders cannot be issued by the Election Tribunal as it does not possess the inherent powers of a court under the present statutory framework. (Paras 26, 34)
Result: The order of the Election Tribunal is set aside and the petitioner is permitted to take Oath of Office.
| Table of Content |
|---|
| 1. petitioner was elected, order challenged. (Para 2 , 3) |
| 2. petitioner argues lack of jurisdiction. (Para 4 , 5) |
| 3. respondents assert election process rules. (Para 6 , 11) |
| 4. discussion on the legal provisions and tribunal's powers. (Para 8) |
| 5. criteria governing interim orders under election law. (Para 10 , 12) |
| 6. jurisdiction of election tribunal defined. (Para 16 , 18 , 20 , 26) |
| 7. panchayat election tribunal lacks common law powers. (Para 27 , 28) |
| 8. interim orders not allowed in election disputes. (Para 30 , 32) |
| 9. final observations on overturning the interim order. (Para 34 , 38) |
| 10. interim order passed without jurisdiction. (Para 35 , 36) |
| 11. petitioner can take oath subject to final ruling. (Para 39 , 40) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Dr. Pooja Agarwal, learned counsel for the petitioner. Also heard Mr. M. K. Hussain, learned counsel, appearing on behalf of respondent No. 1; Mr. R. Dubey, learned standing counsel, State Election Commission, appearing on behalf of respondent No. 2; Mr. N. Das, learned Government Advocate, appearing on behalf of respondent No. 3; and Mr. S. Dutta, learned standing counsel, Panchayat & Rural Development Department, appearing on behalf of respondent No. 4.
2. The present writ petition has been instituted by the petitioner, herein, assailing an order, dated 27-06-2025, passed by the Election Tribunal, Nagaon, in Misc. Case No. 31/2025(in Election Petition No. 03/2025), restraining the respondent authorities from administering Oath of Office to the petitioner, herein, as Anchalik Panchayat Member of Singimari Anchalik Panchayat, in pursuance of his election to the said Panchayat from Gerua Anchalik Panchayat Constituency.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The petitioner, herein, was declared elected on 11-05-2025 as Anchalik Panchayat Member of Singimari Anchalik Panchayat from Gerua Anchalik Panchayat Constituency. The Respondent No. 1, herein, assailing the election of the petitioner, instituted Election Petition No. 03/2025, before the Election Tribunal, Nagaon. The Respondent No. 1 had also instituted a miscellaneous case being Misc. Case No. 31/ 2025, praying for interim directions.
The Election Tribunal, Nagaon, took-up for consideration the said miscellaneous case and vide order, dated 27-06-2025, was pleased to direct the respondent authorities to not administer the Oath of Office to the petitioner, herein, and not to permit him to take charge as Anchalik Panchayat Member of Singimari Anchalik Panchayat until final disposal of the Election Petition, in question.
The petitioner, herein, being aggrieved, has instituted the present proceeding.
4. Dr. Agarwal, learned counsel appearing on behalf of the petitioner, herein, by referring to the provisions of Section 127 read with Section 129 of the ASSAM PANCHAYAT ACT , 1994 (as amended), has submitted that the order, dated 27-06-2025, impugned in the present proceeding, has been so passed by the Election Tribunal, Nagaon, without any jurisdiction. The learned counsel has also submitted that the interim directions as passed by the Election Tribunal, Nagaon, vide order, dated 27-06-2025, was so passed without affording an opportunity to the petitioner, herein, to place his stand in the matter before the Tribunal.
5. Dr. Agarwal, learned counsel for the petitioner, has further submitted that no power having been vested upon the Election Tribunal, Nagaon, to pass any interim directions having the effect of frustrating the democratic will of the people by restraining the elected candidate from assuming his office on his election; the impugned order, dated 27-06-2025, passed by the Election Tribunal, Nagaon, would mandate an interference from this Court.
6. Per contra, Mr. Dubey, learned standing counsel, Assam State Election Commission, i.e. respondent No. 2, herein, has, at the outset, submitted that direct elections to the Panchayat Raj bodies would
