Administrative bodies lack jurisdiction to disqualify elected representatives for eligibility violations that existed at the time of nomination. Such grounds relate to improper acceptance of nomination papers and must be adjudicated through a formal election challenge within the prescribed statutory period, rather than through administrative orders.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. K. N. Choudhury, the learned Senior Counsel assisted by Mr. J. Abedin, the learned counsel appearing on behalf of the Writ Petitioner in WP(C) No.6284/2025 and Mr. H. R. A. Choudhury, the learned Senior Counsel assisted by Mr. I. Uddin, the learned counsel appearing on behalf of the Writ Petitioner in WP(C) No.3535/2025. I have also heard Mr. S. Dutta, the learned counsel appearing on behalf of the P&RD Department; Mr. R. Dubey, the learned counsel appearing on behalf of the State Election Commission and Ms. M. Barman, the learned counsel appearing on behalf of the District Commissioner, Dhubri.

2. The Writ Petitioner in WP(C) No.3535/2025 is the Respondent No.5 in WP(C) No.6284/2025 and the Writ Petitioner in WP(C) No.6284/2025 is the Respondent No.5 in WP(C) No. 3535/2025. It has been submitted by the learned Senior Counsel appearing on behalf of the Writ Petitioner in WP(C) No.6284/2025 that the issues involved in both the writ petitions are covered by the judgment and order dated 23.02.2026 passed in the case of Aysha Khatun vs. State of Assam and 5 Others in WP(C) No.7351/2025, reported in 2026:GAU-AS:2734. Be that as it may, this Court finds it relevant to take note of the brief facts which led to the filing of both the writ petitions.

3. In the Panchayat Elections of 2025 held for the post of Member, Ward No.7 of No.4 Rangamati Gaon Panchayat under No.1 Folihamari Zilla Parishad in the district of Dhubri, the Writ Petitioner in WP(C) No.3535/2025 as well as the Writ Petitioner in WP(C) No.6284/2025 contested the said election. The Writ Petitioner in WP(C) No.6284/2025 was declared elected as the Member of Ward No.7 of No.4 Rangamati Gaon Panchayat under No.1 Folihamari Zilla Parishad on 11.05.2025. The Writ Petitioner in WP(C) No.3535/2025 did not challenge the election of the Writ Petitioner in WP(C) No.6284/2025 within the period stipulated in terms with Article 243-O of the Constitution read with Section 129 of the Assam Panchayat Act, 1994 (for short, ‘the Act of 1994’) by way of an election petition. However, the husband of the Petitioner in WP(C) No.3535/2025 submitted a representation on 15.05.2025 to the Respondent Authorities demanding removal of the Writ Petitioner in WP(C) No.6284/2025. As no steps were taken in that regard, the Petitioner approached this Court by filing the writ petition on 19.06.2025 which was registered and numbered as WP(C) No.3535/2025.

4. This Court vide an order dated 23.06.2025 issued notice and further observed that pendency of the writ petition shall not bar the appropriate authority to take a decision in accordance with law.

5. Subsequent thereto, while the writ petition being WP(C) No.3535/2025 was pending, proceedings were initiated by the District Commissioner, Dhubri against the Writ Petitioner in WP(C) No.6284/2025 and vide an order dated 29.10.2025, the Writ Petitioner in WP(C) No.6284/2025 was held to be disqualified as per the provisions of Section 111(2)(a) of the Act of 1994 read with Rule 62(1)(f) of the Assam Panchayat (Constitution) Rules, 1995 and removed from the Ward Member of No.4 Rangamati Gaon Panchayat with immediate effect. The said order dated 29.10.2025 is assailed in WP(C) No.6284/2025.

6. The learned Coordinate Bench of this Court vide an order dated 06.11.2025 while issuing notice had stayed the impugned order dated 29.10.2025 passed by the District Commissioner, Dhubri and further directed that the WP(C) No.6284/2025 be tagged along with WP(C) No.3535/2025.

7. The records further reveal that the Writ Petitioner in WP(C) No.3535/2025 had filed an Interlocutory Applic