Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Joynal Abedin, Son Of Late Israil Hoque – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. – Respondent
| Table of Content |
|---|
| 1. background of election dispute and procedural history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. jurisdiction of district commissioner for nomination disqualification. (Para 8 , 9 , 10 , 11) |
| 3. precedent regarding election process and jurisdictional limitations. (Para 12 , 13) |
| 4. final orders on writ petitions and disqualification. (Para 14 , 15 , 16) |
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 s
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
