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.

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 be elected as the President and Vice President. The petitioners claim to have submitted a representation immediately on 21.06.2025 before the District Commissioner, Darrang in terms of Section 11 of the Assam Panchayat Act, 1994 (herein after the Act of 1994). However, no action has been taken. Consequently, the instant petition has been filed.

3. I have heard Shri A.M. Ahmed, learned counsel for the petitioners. I have also heard Shri N. Das, the learned State Counsel, Ms. N.B. Kayastha, learned counsel appearing on instructions of Shri R. Dubey, learned Standing Counsel, State Election Commission and Shri S. Islam, learned counsel for the respondent nos. 9 and 10.

4. Shri Ahmed, the learned counsel for the petitioners, by drawing the attention of this Court to Section 6 of the Act, 1994 has contended that the said Section has undergone a major amendment in 2023. Earlier the President and Vice President were directly elected and after the said amendment, it is the elected members who chose and elect the President and the Vice President. He has submitted that in the first meeting held on 21.06.2025, elections for the posts of President and Vice President were held in which the petitioner nos. 1 and 2 were respectively elected as President and Vice president by securing 6 votes each. However, he has made a serious allegation of tampering with the ballot papers by which the respondent nos. 9 and 10 have been shown to be elected as President and Vice President. He has also submitted that though there is a provision in Section 11 of adjudicating any dispute regarding the validity of such election by the Deputy Commissioner, (presently District Commissioner), the representation submitted on 21.06.2025 by the petitioners in this regard has not been considered as yet.

5. Shri N. Das, the learned State Counsel has, at the outset refuted the allegations of any tampering and has contended that the elections were fairly held on 21.06.2025. He has also placed before this Court written instructions dated 01.12.2025 and has submitted that the concerned District Commissioner had forwarded the matter to the Co-District Commissioner to cause an enquiry and the matter is under active consideration.

6. Shri Islam, the learned counsel for the respondent nos. 9 and 10, while endorsing the submissions of the learned State Counsel has contended that the elections were fairly held on 21.06.2025 and the allegations made by the petitioners are figments of imagination. He has submitted that the respondent nos. 9 and 10 had secured 6 votes each and were duly elected as President and Vice President. He has also submitted that the affidavit-in-opposition has been filed denying the claim of the petitioners.

7. Ms. Kayastha, the learned counsel representing the State Election Commission