Complaints regarding child marriage in the context of Gaon Panchayat elections should be directed to the Gaon Panchayat Secretary as per Rule 62(4)(C) of the Assam Panchayat (Constitution) Rules, 1995.

ORDER

Heard Ms. N.S. Thakuria, learned counsel for the petitioner, who is aggrieved by the election of the respondent no. 5 as member from the Ward No. 14/10 Dhanua Gaon Panchayat in the district of South Salmara Mankachar. It is submitted that the respondent no. 5 has furnished false documents while submitting nomination and is involved in a child marriage. The petitioner claims to have approached the District Commissioner and such representation has not been considered.

Shri S. Dutta, the learned Standing Counsel, P&RD has however submitted that the information regarding involvement in child marriage is to be given to the Gaon Panchayat Secretary who would take onward action. In this regard, he has referred to the provisions of Rule 62 (4) (C) of the Assam Panchayat (Constitution) Rules, 1995.

Let notice be issued, returnable on 02.02.2026.

Shri Dutta, the learned Standing Counsel, P&RD accepts notice on behalf of the respondent nos. 1 and 3, Shri N. Das, learned State Counsel accepts notice on behalf of the respondent no. 2 and Ms. N.B. Kayastha, learned counsel appearing on behalf of Shri R. Dubey, learned Standing Counsel, Assam State Election Commission accepts notice on behalf of the respondent no. 4.

Extra copies of the writ petition be served upon the learned counsel for the respondents during the course of the day.

Let steps be taken for service of notice upon the respondent no. 5 by Speed Post with A/D.

Steps within 2 (two) working days.

Pendency of this writ petition shall not be a bar for the petitioner to file appropriate representation before the Secretary of the Gaon Panchayat in accordance with law.