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.

JUDGMENT :

MANISH CHOUDHURY, J.

1. In this writ petition preferred under Article 226 of the Constitution of India, assail is made to a decision arrived at and given by the respondent no. 5 in connection with the election conducted on 30.06.2025 for the post of President of 39 Choudhury Bazar Gaon Panchayat within Binakandi Development Block and Hojai Zilla Parishad. The petitioner has challenged the decision to declare the respondent no. 7 as the President of 39 Choudhury Bazar Gaon Panchayat and has sought for a direction to the respondent authorities to re-conduct the election to the post of President, 39 Choudhury Bazar Gaon Panchayat. In addition, the petitioner has sought for an appropriate writ for setting aside of an Order dated 29.07.2025 passed in Election Petition no. 03/2025 whereby the District Judge, Hojai returned the Election Petition preferred by the petitioner and also for a direction to the Election Tribunal, Nagaon to entertain the election petition to be re-filed by the petitioner by condoning the delay.

2. The background facts leading to the institution of the writ petition can be narrated at first. Vide a Notification dated 02.04.2025, the Assam State Election Commission [ASEC] notified the Schedule of General Election to the Panchayats in the State of Assam. As per the notification, the date of polling for election to the Panchayats in Hojai district was scheduled in the second phase on 07.05.2025.

3. The petitioner is an elector from Village – Marjong Pather, which falls within the territorial limits of Ward no. 3 of 39 Choudhury Bazar Gaon Panchayat. To contest in the election for Ward Member from Ward no. 3, the petitioner filed her nomination paper which, on scrutiny, was accepted. The respondent no. 7 stood in the election for Ward Member from Ward no. 9 of Choudhury Bazar Gaon Panchayat. After counting of votes on 11.05.2025, the petitioner and the respondent no. 7 were declared elected as Ward Members from Ward no. 3 and Ward no. 9 respectively of Choudhury Bazar Gaon Panchayat.

4. After declaration of the results of the Panchayat Election, 2025, the District Commissioner, Hojai [the respondent no. 4] passed an Order on 10.06.2025 authorizing a number of officials from the District Administration, Hojai/Hojai Zilla Parishad to conduct and preside over the first meeting of the Gaon Panchayats within Hojai district as per the scheduled time and date at the concerned Gaon Panchayat offices as per the provisions of Section 6 [3] of the Assam Panchayat Act, 1994, as amended, and Rule 46 of the Assam Panchayat [Constitution] Rules, 1995. The first meeting was called for two purposes, firstly, to administer oath of affirmation to the newly elected Gaon Panchayat Ward Members; and secondly, to elect the President and the Vice- President of the Gaon Panchayats from amongst the elected Ward Members as per procedure. In so far as the first meeting for Choudhury Bazar Gaon Panchayat was concerned, the Block Development Officer [BDO], Binakandi Development Block [the respondent no. 5] was notified as the Authorised Officer to conduct and preside over the first meeting of Choudhury Bazar Gaon Panchayat, which was scheduled at 11-30 a.m. on 24.06.2025. The details of the Secretary of Choudhury Bazar Gaon Panchayat was mentioned in the Order dated 10.06.2025.

5. It may be stated that the post of President of Choudhury Bazar Gaon Panchayat was unreserved whereas the post of Vice-President was reserved for woman.

6. Another Order came to be issued by the respondent no. 4 on 18.06.2025 in partial modification of the previous Order dated 10.06.2025 whereby the first Meeting of few of the Gao