GAHC010163682025 2025:GAU-AS:17361

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4272/2025

RIFA ZULKA AND 4 ORS. W/O SRI SOFIQUL ISLAM VILL- NAYERALGA PT.IV,

P.O. NAYERALGA

DIST. DHUBRI, ASSAM 2: SRI ROBIUL ISLAM

S/O SHEIKH ABDULLAH

VILL- NAYERALGA PT. III

P.O. NAYERALGA

DIST. DHUBRI

ASSAM

3: SRI NURUDDIN AHMED S/O SRI NOWSHAD ALI SK.

VILL- DUDHNATH HILL

P.O. TILAPARA DIST. DHUBRI

ASSAM

4: SMTI. SOBURA KHATUN

W/O SRI SUKUR ALI

VILL- KAJAIKATA PT.I

P.O. BILASIPARA

DIST. DHUBRI

ASSA

VERSUS

THE STATE OF ASSAM AND 10 ORS.

REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT.

OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,

DISPUR, GUWAHATI-781006.

2:THE ASSAM STATE ELECTION COMMSSION REPRESENTED BY THE SECRETARY PANJABARI GUWAHATI-781037.

3:THE DISTRICT COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783001.

4:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE P.O. AND DIST. DHUBRI ASSAM PIN-783001.

5:THE EXECUTIVE OFFICER NAYERALGA ANCHALIK PANCHAYAT P.O. NAYERALGA DIST. DHUBRI ASSAM PIN-783348

6:SMTI. MONOWARA KHATUN (A.P. MEMBER FROM MAYARCHAR G.P. )W/O ROFIQUL ISLAM AKOND VILL- MAYERALGA DIST. DHUBRI ASSAM PIN-783348

7:SMTI. CHAINA KHATUN (A.P. MEMBER FROM GUTIPARA G.P.)

D/O SRI NAYA MIAHVILL- GUTIPARA PT.IV P.O. GUTIPARA DIST. DHUBRI ASSAM PIN-783349.

8:SMTI. KHURSHIDA BEGUM (A.P. MEMBER FROM PUTHIMARI G.P. ) W/O SRI NAZIR HUSSAIN VILL- SHIMLABARI PT.IV P.O. CHAPAR DIST. DHUBRI ASSAM PIN-783371.

9:SMTI. AFRUZA KHATUN (A.P. MEMBER FROM MOSLAPARA G.P. ) W/O SRI SAYED ALI VILL- SADHUVASHA PT.I P.O. MAKRIJHORA DIST. DHUBRI ASSAM PIN-783349.

10:SRI FULBOR ALI MONDAL (A.P. MEMBER FROM CHAR HATIPOTA G.P.)

S/O SRI SHAJAHAN ALI MONDAL VILL- KATHALDI PT.III P.O. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348

11:SRI NUR ISLAM (A.P. MEMBER OF BAHIR SUAPATA G.P.)

SON OF SRI HAZRAT ALI VILL- KAZAIKATA PT. 4 P.O. KAZAIKATA DIST. DHUBRI ASSAM PIN-783348 Advocate for the Petitioner : MR. D A KAIYUM, MR A ALIM SK,MR. M S MONDAL Advocate for the Respondent : SC, P AND R.D., MS. F NIKAT(R- 6,7,9,10,11),MR M KHAN(R-

6,7,9,10,11),MR N Z CHOUDHURY(R- 6,7,9,10,11),MR. A R BHUYAN (R- 6,7,9,10,11),MR. R ISLAM (R-8),MR M HOQUE (R-6,7,9,10,11),MR. A A R KARIM (R-6,7,9,10,11),SC, ELECTION COMMISSION.,GA, ASSAM B E F O R E Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI Advocate for the petitioners : Shri TJ Mahanta, Sr. Counsel Shri DA Kaiyum Advocate for the respondents : Shri BJ Talukdar, Add. Sr.GA, Assam Shri R. Dubey, SC, ASEC Ms. P. Thapa, R. P & RD Shri AR Bhuyan, R. 6, 7, 9, 10 & 11 Date of hearing : 15.12.2025 Date of Judgment : 15.12.2025 Judgment & Order

5 nos. of petitioners have joined together in instituting the present challenge by filing this writ petition under Article 226 of the Constitution of India whereby challenge has been made to the first meeting of 5 No. Nayeralga Anchalik Panchayat, Dhubri dated 15.07.2025 wherein the President and Vice-

President were elected.

2. As per the facts projected, the elections of the aforesaid Anchalik Panchayat were held in May, 2025 and on 11.07.2025, the first meeting of the concerned Anchalik Panchayat was held in which the respondent nos. 6 to 11 were present. It is contended that the petitioners were not given notice of such meeting for which they could not attend the same. Be that as it may, since the quorum was not fulfilled and the total number of members is 24, the meeting was postponed and held on 15.07.2025. It is the case of the petitioners that even such postponement was not notified and on 15.07.2025 and the respondent nos. 6 and 11 were respectively elected as the President and Vice- President of the Anjalik Panchayat. It is the specific case of the petitioners that the said election is vitiated both on the count of lack of quorum as well as due notice to the elected ward members.

3. I have also heard Shri TJ Mahanta, learned Senior Counsel assisted by Shri DA Kaiyum, learned counsel for the petitioners. I have also heard Shri BJ Talukdar, learned Additional Senior Government Adv