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 participation.

JUDGMENT :

Ashutosh Kumar, C.J.

We have heard Mr. M.K. Choudhury, learned Senior Advocate, assisted by Mr. H.R. Ahmed, learned Advocate for the appellant; Mr. T.J. Mahanta, learned Senior Advocate, assisted by Mr. D.A. Kaiyum, learned Advocate for respondent Nos.1 to 4; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for the respondent Nos.5 and 9; Mr. R. Dubey, learned Advocate for respondent No.6 and Mrs. S. Sarma, learned Junior Government Advocate, Assam for respondent Nos.7 and 8.

2. The judgment impugned in the present appeal is dated 15.12.2025, passed by a learned Single Judge of this Court in WP(C) No.4272/2025.

3. Nayeralga Anchalik Panchayat, Dhubri (No.5) was constituted on 07.05.2025 and for the first time, a meeting was held on 11.07.2025, meant for electing the President and the Vice-President of the said Anchalik Panchayat. On that day, there was no quorum available and, therefore, the meeting was adjourned to 15.07.2025.

On this adjourned date, i.e. 15.07.2025, six persons were present, who voted for two of the members as President and Vice- President of the said Anchalik Panchayat. The person, who was elected as President, is the appellant before this Court.

The private respondents questioned it on the ground that there was still lack of quorum on 15.07.2025 and that they did not have the notice of the adjourned date of meeting.

4. The learned Single Judge, on the aforenoted grounds, namely, the meeting being non-quorate and no effective notice to the writ petitioners/ respondents, set aside the election and directed for a fresh election on 29.12.2025, which date was fixed suo motu by the Court.

5. While evaluating the aforenoted judgment, this Court was of the view that the date for next election ought not to have been fixed by the learned Single Judge but should have been left to the authorities, with effective notice to all the members for attending such meeting.

6. Be that as it may, the order passed by the learned Single Judge was never interfered with and the elections were, though, held on 12.01.2026 in which respondent No.1 and another were elected as President and Vice-President of the Anchalik Panchayat. Needless to state that the appellant had contested the said election.

7. This closes the issue for the present but on the insistence of Mr. M.K. Choudhury, learned Senior Advocate for the appellant, further discussion is being made so as to clear the doubts whether for the purposes of election of the President and Vice-President of the Anchalik Panchayat, Section 46 of the Assam Panchayat Act, 1994 (hereinafter to be referred as the “Act of 1994”), which deals with quorum, would be applicable or would it be governed by Section 37 of the Act of 1994 read with Rule 48 of the Assam Panchayaat (Constitution) Rules, 1995 (hereinafter to be referred as the “Rules of 1995”).

8. Section 37 of the Act of 1994 clearly provides that only the directly elected members of the Anchalik Panchayat shall elect , from amongst the directly elected members , two members as President and Vice-President, respectively, of the Panchayat in a meeting which shall be called the first meeting of the Anchalik Panchayat, to be convened by and presided over by the Deputy Commissioner of the District in the manner prescribed. [Emphasis supplied]

9. The manner has been prescribed in Rule 48 of the Rules of 1995, which are being extracted herein for the sake of clarity:-

“48. Election of President and Vice-Presi