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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Rifa Zulka W/O Sri Sofiqul Islam – Appellant
Versus
State Of Assam Represented By The Additional Chief Secretary To The Govt – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
5 nos. of petitioners have joined together in instituting the present challenge by filing this writ petition under Article 226 of the Constitution of India whereby challenge has been made to the first meeting of 5 No. Nayeralga Anchalik Panchayat, Dhubri dated 15.07.2025 wherein the President and Vice-President were elected.
2. As per the facts projected, the elections of the aforesaid Anchalik Panchayat were held in May, 2025 and on 11.07.2025, the first meeting of the concerned Anchalik Panchayat was held in which the respondent nos. 6 to 11 were present. It is contended that the petitioners were not given notice of such meeting for which they could not attend the same. Be that as it may, since the quorum was not fulfilled and the total number of members is 24, the meeting was postponed and held on 15.07.2025. It is the case of the petitioners that even such postponement was not notified and on 15.07.2025 and the respondent nos. 6 and 11 were respectively elected as the President and Vice- President of the Anjalik Panchayat. It is the specific case of the petitioners that the said election is vitiated both on the count of lack of quorum as well as d
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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....
The court affirmed that the quorum requirement under Rule 46(3) was fulfilled with six members present, and emphasized the necessity of adhering to principles of natural justice in decision-making pr....
Word ‘lost’ appearing in 2nd proviso to section 15(1), in deference to fundamental principles of statutory interpretation, has to be essentially comprehended in text and context in which it appears.
Point of law : intention of the Legislature that the effect of expression "the elected member of the Grama Panchayat cease to be member" as used in Section 8(3) is to state that for the purpose of ex....
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