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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Rifina Wahida Akhtara – Appellant
Versus
State Of Assam Represented By The Additional Chief Secretary To The Govt. Of Assam, Panchayat And Rural Development Department – Respondent
| Table of Content |
|---|
| 1. election disputes regarding gaon panchayat. (Para 1 , 2) |
| 2. arguments regarding tampering allegations. (Para 4 , 5 , 6 , 7) |
| 3. court considers the election process and validity. (Para 8 , 9 , 10) |
| 4. directive for speedy disposal of representation. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
6 Nos. of petitioners have joined together in this petition filed under Article 226 of the Constitution of India in respect of the elections to the post of President and Vice President of the 71 No. Baligaon Gaon Panchayat in the district of Darrang.
2. As per the facts projected, the election to the aforesaid Gaon Panchayat was held in May, 2025 in which the petitioners and the private respondents were elected as Ward Members. The first meeting of the Panchayat was held on 21.06.2025 and it is the contention of the petitioners that in the said meeting, elections for the President and the Vice President were held. The petitioners have contended that the petitioner no. 1 and the petitioner no.2 were elected as the President and the Vice President of the said Panchayat respectively. However, by tempering of the ballot papers, the respondent nos. 9 and 10 were shown to b
The court mandated that election disputes must be resolved expeditiously, ensuring fair hearing and consideration of all parties involved, particularly emphasizing the amended election process.
The central legal point established is that the Vice-President is entitled to exercise the powers and duties of the President as per Section 13 (2) (d) of the Assam Panchayat Act, 1994.
Quorum rules for Panchayat meetings pertain to business transactions and do not apply to the election of officials, which is governed by specific statutory provisions requiring full member participat....
Election votes cannot be canceled based on presumptions; specific statutory grounds must be met, emphasizing the importance of relevant procedures and rules in election disputes.
The court confirmed that allowing a subordinate to perform a ministerial act like tossing a coin does not violate the principle of non-delegation if essential functions are preserved.
The court held the Election Commission lacks authority to annul post-election results, emphasizing disputes must be resolved in civil court per Kerala Panchayat Raj Act, 1994.
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