GAHC010280212025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7257/2025

MONOWAR HUSSAIN

S/O LATE GOLAP HUSSAIN, R/O - 292 BERABHANGA PART-II, P.O-

SUKCHAR, P.S- SUKCHAR, DISTRICT- SOUTH SALMARA, PIN-783128.

VERSUS

THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE PRINCIPAL SECRETARY THE GOVT. OF ASSAM,

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,

GUWAHATI- 781006.

2:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR

ASSAM

PIN-783135

3:THE CHIEF EXECUTIVE OFFICER

SOUTH SALMARA ZILLA PARISHAD

SOUTH SALMARA

DIST- SOUTH SALMARA- MANKACHAR

ASSAM- 783135.

4:THE SECRETARY

NO.26 SUKCHAR GAON PANCHAYAT

DIST- SOUTH SALMARA- MANKACHAR

ASSAM- 783135.

5:THE REGISTER OF BIRTHS AND DEATH

SUKCHAR MINI P.H.C

DIST- SOUTH SALMARA- MANKACHAR

ASSAM- 783135

6:THE ASSAM STATE ELECTION COMMISSION PANJABARI GUWAHATI-781037 7:MEHRUN NESSA WIFE OF ABDUS SAMAD R/O - BERABHANGA PART-II P.O- SUKCHAR P.S- SUKCHAR DISTRICT- SOUTH SALMARA PIN- 783128 Advocate for the Petitioner : MR. P MAHANTA, M DAS,A GOSWAMI Advocate for the Respondent : SC, P AND R.D., SC, A S E C BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

16.12.2025 Heard Shri P. Mahanta, learned counsel for the petitioner, who is aggrieved by the election of the respondent no. 7 as Ward Member of the 26 No. Sukchar Gaon Panchayat in the district of South Salmara Mankachar and the subsequent election as President.

It is the specific contention of the petitioner that there has been violation of the provisions of Section 111(2) (f) of the Assam Panchayat Act, 1994 r/w Rule 62(4)(b) of the Assam Panchayat (Constitution) Rules, 1995.

It is the allegation that the said respondent no. 7 is disqualified for being involved in a child marriage. The petitioner has also filed an application before the District Commissioner which has not been acted upon.

Let notice be issued, returnable on 22.01.2026.

Ms. P. Thapa, learned counsel appearing on behalf of Shri S. Dutta, learned Standing Counsel, P&RD accepts notice on behalf of the respondent nos. 1, 3 & 4, Ms. M. Barman, learned State Counsel accepts notice on behalf of the respondent nos. 2 & 5 and Ms. A.B. Kayastha, learned counsel appearing on behalf of Shri R. Dubey, learned Standing Counsel, State Election Commission accepts notice on behalf of the respondent no. 6.

Extra copies of the writ petition be served upon the learned counsel for the respondents by tomorrow, i.e., 17.12.2025.

Steps for service of notice upon the respondent no. 7 be taken by Speed Post with A/D.

Steps within 2 (two) working days.

Shri Mahanta, the learned counsel for the petitioner prays for a liberty to serve dasti.

Liberty is granted and such dasti service is to be routed through the Registry of this Court and in the notice accompanying the dasti, the next date is to be clearly reflected which is fixed on 22.01.2026.

Prior to the next date, the petitioner is required to file an affidavit in proof of such dasti service. By the next date, the official respondents may file affidavit.

Shri Mahanta, the learned counsel for the petitioner prays for an interim order.

Considering that the petitioner is only a voter and not a contesting candidate, the consideration for the interim prayer is deferred which would be done on the returnable date.

The name of the GA, Assam be reflected in the cause list.

JUDGE Comparing Assistant