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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Gulmehara Khatun, W/o. Dildar Hussain – Appellant
Versus
State Of Assam, Represented By The Principal Secretary To The Govt – Respondent
| Table of Content |
|---|
| 1. factual history regarding election, disqualification, and administrative inquiry. (Para 1 , 2 , 4 , 5 , 6 , 8) |
| 2. assessment of jurisdiction and principles of natural justice in disqualification orders. (Para 3 , 7 , 9 , 10 , 11) |
| 3. disqualifications existing at nomination must be challenged via election petition. (Para 12 , 13) |
| 4. quashing of the impugned order for lack of jurisdiction. (Para 14) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A.M. Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. S.S. Roy, the learned Government Advocate appears on behalf of the respondent Nos. 2 to 5 and Mr. S. Dutta, the learned Standing Counsel appears on behalf of the respondent Nos. 1 and 6.
2. The petitioner herein is aggrieved by the order dated 02.07.2025 passed by the District Commissioner, Morigaon whereby the petitioner was disqualified under Section 111(2)(f) of the Assam Panchayat Act, 1994 (for short, “the Act of 1994”) read with Rule 62(4)(b) and (c) of the Assam Panchayat (Constitution) Rules, 1995 (for short, “the Rules of 1995”) on the ground that as per the report of Shri Pramod Sharma, ACS, Assistant Commissioner, Laharighat, the petitioner was a mino
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 amended provisions of the Assam Panchayat Act regarding disqualification for having more than two children do not apply to children born before the amendment's effective date.
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