GAHC010264182025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7357/2025

MINATI DAS

DAUGHTER OF SUSHIL DAS, WIFE OF MITHUN DAS, RESIDENT OF

VILLAGE KADAMTOLA PART-III, PO- BILASIPARA, PS- BILASIPARA, DIST-

DHUBRI, ASSAM, PIN-783348.

VERSUS

THE STATE OF ASSAM AND 7 ORS

TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT

DEPARTMENT, ASSAM, DISPUR, GUWAHATI, PIN-781006.

2:THE ASSAM STATE ELECTION COMMISSION

DISPUR

GUWAHATI

ASSAM

PIN 781006

3:THE ASSAM STATE ELECTION COMMISSION PANJABARI

GUWAHATI PIN 781037

4:THE DIRECTOR

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

ASSAM

PANJABARI ROAD

JURIPAR

GUWAHATI PIN 781037.

5:THE DISTRICT COMMISSIONER DHUBRI

(PANCHAYAT BRANCH)

P.O. AND P.S. AND DIST.- DHUBRI ASSAM PIN 783301

6:MUSFIKAR RAHMAN SON OF LATE SHEIKH SHAHANEWAZ RESIDENT OF VILLAGE KADAMTOLA PART- III PO- BILASIPARA PS- BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

7:LOKAPRIYA HIGH SCHOOL AT KADOMTOLA REPRESENTED BY ITS HEAD MASTER SITUATED AT VILLAGE KADAMTOLA PART-III P.O.-BILSIPARA P.S.-BILASIPARA DIST- DHUBRI ASSAM PIN-783348.

8:THE MANAGING COMMITTEE OF LOKAPRIYA HIGH SCHOOL AT KADOMTOLA SITUATED AT VILLAGE KADAMTOLA PART-III P.O.-BILASIPARA P.S.-BILASIPARA DIST- DHUBRI ASSAM PIN-783348 Advocate for the Petitioner : MR. A A R KARIM, GK GOGOI,MR S RAHMAN Advocate for the Respondent : SC, P AND R.D., SC, ELECTION COMMISSION.,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 18.12.2025 Heard Mr. A. A. R. Karim, learned counsel for the petitioner.

Challenge made in this writ petition is to the order dated 22.07.2025, passed by the District Commissioner, Dhubri, whereby the petitioner has been disqualified as Gaon Panchayat Member from Ward No. 7 of 82-Sagunmari Gaon Panchayat as per the provision of Section 111 of Assam Panchayat Act, 1994 read with Section 62 of the Assam Panchayat (Constitution) Rules, 1995.

Issue notice, returnable by 4 (four) weeks.

As Mr. S. Dutta, learned Standing Counsel, P&RD, for respondent Nos. 1 &

4; Mr. R. Dubey, learned Standing Counsel, State Election Commission for the respondent Nos. 2 & 3; and Mr. S. S. Roy, learned State Counsel for the respondent No. 5, enters appearances and accepts notices on behalf of their respective respondents, no formal notice need be issued to the said respondents. However, they shall be furnished with requisite extra-copies of the petition.

Learned counsel for the petitioner shall take steps for service of notice upon respondent Nos. 6, 7 & 8 by registered post with A/D as well as through usual process within 2 (two) working days from today.

The prayer for interim relief shall be considered on the next returnable date.

List the matter after 4 (four) weeks.

JUDGE Comparing Assistant