The District Commissioner lacks jurisdiction to remove a Panchayat member based solely on disqualification claims; such matters must be handled through an election petition post-election results, adhering strictly to legal procedures.

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Mr. N.H. Laskar, the learned counsel appearing on behalf of the Petitioner. Mr. J. Handique, the learned Government Advocate appears on behalf of the District Administration and Mr. S. Dutta, the learned Standing Counsel appears on behalf of the P&RD Department. Mr. R. Dubey, the learned Standing Counsel appears on behalf of the Respondent No. 2.

PREFACE

2. The present writ petition has been filed assailing the order dated 09.12.2025 passed by the District Commissioner, Goalpara, whereby in exercise of the powers conferred under Section 111 (2)(f) [wrongly written in the impugned order as (1)(f)] of the Assam Panchayat Act, 1994 (for short, “the Act of 1994”), as well as Rule 62(4)(b) & (c) of the Assam Panchayat (Constitution) Rules, 1995 (for short, “the Rules of 1995”), the Petitioner was removed from the 5 No. Sardarvita Tarangapur GP Ward Constituency under the Tarangapur Gaon Panchayat of Jaleswar Anchalik Panchayat.

THE CONSPECTUS OF FACTS

3. The Petitioner herein claims that she was born on 03.01.1996 to one Afzal Hoque of Village Kulamuya Choto Nichinpur, P.S. Fakirganj, in the district of Dhubri. The Petitioner appeared in the HSLC Examination in 2012 from Kulamuya Nichinpur High School under the Assam Board of Secondary Education. The Petitioner was issued an HSLC admit card wherein her date of birth was recorded as 03.01.1996. In the registration card, her date of birth was also recorded as 03.01.1996, and in the HSLC certificate issued by the concerned High School, her date of birth was also recorded as 03.01.1996. Be that as it may, it is very pertinent to take note of the fact that in the High School Leaving Certificate issued by the Board of Secondary Education, Assam, the Petitioner’s date of birth was recorded as 01.03.1996.

4. It is the further case of the Petitioner that on 05.01.2015, she married one Surat Zamal, son of Habibar Rahman of Tarangapur P.S., Lakhipur, in the district of Goalpara, as per Islamic rites and rituals. The Kabinnama has been enclosed as Annexure-5 to the writ petition, wherein the Petitioner’s date of birth was recorded as 03.01.1996 and the date of marriage as 05.01.2015.

5. The Petitioner further stated that out of the said wedlock, a daughter and a son were born. The elder child, namely Ms. Sultana Parvin, was born on 06.11.2015, and the younger child namely Master Akhiruz Zamal was born on 13.11.2017. The birth Certificates were enclosed as Annexures-6 and 7 to the writ petition.

6. It is the case of the Petitioner that in the last Panchayat elections held in the State of Assam in the year 2025, the Petitioner contested the election for Gaon Panchayat Member from 5 No. Sardarvita Tarangapur Gaon Panchayat Ward Constituency under 8 No. Tarangapur Gaon Panchayat in the district of Goalpara. The election was held on 07.05.2025 and the results were declared on 11.05.2025. The Petitioner, having secured the highest number of votes, won the election and accordingly was issued the return of election as per Rule 44(7) of the Rules of 1995. The Petitioner subsequently was elected as the President of the said 8 No. Tarangapur Gaon Panchayat.

7. It is the case of the Petitioner that to her surprise, the District Commissioner, Goalpara, i.e. the Respondent No. 4 on the basis of a complaint stated to have been filed by one Sri Hakimuddin, removed the Petitioner from membership of the Gaon Panchayat under Section 111 (1)(f) of the Act of 1994 read with Rule 62(4)(b) & (c