GAHC010280432025

2025:GAU-

AS:17586-DB

THE GAUHATI HIGH COURT

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

Case No. : WA/411/2025

SRI DIGANTA SAIKIA AND 3 ORS

MEMBER, WARD NO.1 OF 14 NO GILADHARI MUKH GAON PANCHAYAT

SON OF LATE SONARAM SAIKIA VILL-GHILADHARI MUKH, PO-

TEWARIPAL PS-SOOTEA, DIST-BISWANATH ASSAM PIN-784175 MOBIL-

9101757387

2: RAJIV MISRA

MEMBER

WARD NO.2 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF

KHAGEN MISHRA VILLAGE-ADABHETI

PO-TEWARIPAL PS-SOOTEA

DIST-BISWANATH ASSAM PIN-784175

MOBILE-9101787472

3: GAHUR ALI

MEMBER

WARD NO.3 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF

ABDUL RAHIM VILLAGE-NO.2 ADAVETI

PO-TEWARIPAL PS-SOOTEA

DIST-BISWANATH ASSAM PIN-784175

MOBILE-7663002425

4: SAMSUL ISLAM

MEMBER

WARD NO.7 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF

SAHAJAL HAQUE VILLAGE-NA ADAVATI KALAKATI NO.1 PO-TEWARIPAL

PS-SOOTEA

DISTRICTBISWANATH ASSAM PIN-784175 MOBILE-910108663

VERSUS

BURHAN ALI AND 13 ORS

MEMBER, WARD NO.9 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF MD. ABDUL KADER VILLAGE-KALAKATI, PO-TEWARIPAL PS-

SOOTEA, DISTRICT-BISWANATH, ASSAM, PIN-784175

2:MOFIDA KHATUN MEMBER WARD NO.6 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF ABDUL KASEM VILLAGE-BAKRRAPATTA PO-BAKRRAPATTA PS-SOOTEA DISTRICT-BISWANATH ASSAM, PIN-784175 3:HASINA KHATUN MEMBER WARD NO.4 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF AMJAD ALI VILL-NO.2 ADAVETI PO-TEWARIPAL PSSOOTEA, DISTRICT-BISWANATH ASSAM PIN-784175

4:NURJAHAN BEGUM MEMBER WARD NO.5 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF ABDUL KARIM VILL-NO.2 ADAVETI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM, PIN-784175 5:AJIRON KHATUN MEMBER WARD NO.8 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF SAFIKUL ISLAM VILL-UTTAR KALAKATI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM, PIN-784175 6:AMINA KHATUN MEMBER WARD NO.10 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF SAMSHUL ISIAM VILL-NO.2 BHOJMARI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM, PIN-784175

7:THE STATE OF ASSAM REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT.

OF ASSAM PANCHAYAT RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI781006

8:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM GUWAHATI781037

9:THE DISTRICT COMMISSIONER BISWANATH DISTRICT-BISWANATH ASSAM PIN784176

10:THE CHIEF EXECUTIVE OFFICER BISWANATH ZILLA PARISHAD PO PS-BISWANATH DISTRICT-BISWANATH ASSAM PIN784176

11:THE BLOCK DEVELOPMENT OFFICER BISWANATH DEVELOPMENT BLOCK -CUMEXECUTIVE OFFICER AND SECRETARY BISWANATH ANCHALIK PANCHAYAT BURIGANG POBURIGANG PS-BISWANATH DISTRICTBISWANATH ASSAM PIN-784176

12:THE AUTHORIZED OFFICER OF FIRST MEETING HELD ON 27.06.2025 FOR OATH TAKING AND ELECTION OF PRESIDENT AND VICE-PRESIDENT OF 14 NO GILADHARI MUKH GAON PANCHAYAT DISTRICT-BISWANATH ASSAM PIN-784176

13:THE SECRETARY

14 NO GILADHARI MUKH GAON PANCHAYAT KARAYANI TEWARIPAL PS-SOOTEA DISTRICTBISWANATH ASSAM PIN- 78417 For the appellant/petitioner(s) : Mr. M. K. Hussain, Advocate For the Respondent(s) : Mr. S. Dutta, SC, PNRD Ms. R. B. Bora, Jr. GA, Assam B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

18.12.2025 (Ashutosh Kumar, CJ)

This appeal has been preferred challenging the judgment dated

08.12.2025, passed by a learned Single Judge of this Court in WP(C) No.

5918/2025.

One Burhan Ali (writ petitioner) was elected as the President of the concerned Gaon Panchayat. Two Members of the concerned Gaon Panchayat filed representation before the District Commissioner, Biswanath, challenging the afore-noted election of Burhan Ali on the ground that on the day when Burhan Ali was elected as President, there were no sufficient number of Members present and voting.

The afore-noted election of Burhan Ali was cancelled by the District Commissioner, Biswanath, vide order dated 10.09.2025 holding that the meeting in which the election was held, was non-quorate.

This order of the District Commissioner, Biswanath, was put to challenge by Burhan Ali by filing WP(C) No. 5918/2025, which challenge was sustained and the order of cancel