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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Sanjay Kumar Medhi
Burhan Ali, Son Of Md. Abdul Kader – Appellant
Versus
State Of Assam Represented By The Additional Chief Secretary To The Government Of Assam, Panchayat And Rural Development Department – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation of gaon panchayat meeting. (Para 1 , 2 , 3) |
| 2. arguments regarding violation of natural justice and misinterpretation of law. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. analysis of quorum requirements under the relevant rules. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court's decision to overturn impugned order. (Para 19) |
| 5. restoration of petitioner's presidency. (Para 20 , 21 , 22) |
JUDGMENT :
Sanjay Kumar Medhi, J.
An Order dated 10.09.2025 passed by the District Commissioner, Biswanath by st which the 1st meeting of the 14 No. Ghiladhari Mukh Gaon Panchayat has been cancelled is the subject matter of challenge in this writ petition. In the said meeting, the petitioner was elected as the President of the Gaon Panchayat.
2. The facts, briefly stated are that the petitioner is an elected member of the st aforesaid Gaon Panchayat, the elections of which was held on May, 2025. The 1st meeting was accordingly convened on 27.06.2025 and admittedly, there were 6 members present in which the petitioner was elected as the President and another incumbent, amongst the 6 members was elected as the Vice President. The private respondent nos. 8, 9, 10 and 11 he
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....
The mandatory provisions of notice and quorum in the election process are crucial for ensuring valid democratic practices, and failure to adhere results in the annulment of electoral resolutions.
Mandatory notice and quorum requirements for Panchayat elections must be fulfilled for meetings to be valid; violation renders the election results unsustainable.
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....
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