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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Aysha Khatun W/o. Surut Zamal – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. factual basis of the petitioner's claims. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. court's observations on procedural issues and authority. (Para 8 , 10 , 11 , 12 , 13 , 21) |
| 3. petitioner's argument against jurisdiction and validity of disqualification. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. legal framework governing disqualification for panchayat membership. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. final order to quash the impugned decision. (Para 80 , 81) |
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 19
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, adh....
Point of law: The challenge to the constitutional validity of Section 175 (1)(q) and Section 177 (1) must fail. The right to contest an election for any office in Panchayat is neither fundamental nor....
The court upheld the disqualification of a panchayat member for having children beyond the legal limit, highlighting the evidential burden to demonstrate non-disqualification rests with the elected o....
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
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