GAHC010140252025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3666/2025

RIFINA WAHIDA AKHTARA AND 5 ORS

WARD MEMBER, WARD NO. 2, 71 NO. BALIGAON GAON PANCHAYAT, W/O-

JAMAL UDDIN AHMED, VILL.- BALIGAON, P.O. LALPOOL, P.S. DALGAON,

DIST. DARRANG, ASSAM, PIN- 784514.

2: RUZINA BEGUM

WARD MEMBER

WARD NO. 8

71 NO. BALIGAON GAON PANCHAYAT

W/O- HEDAYATULLAH

VILL.- PADUPUR

P.O. LALPOOL P.S. DALGAON

DIST. DARRANG

ASSAM

PIN- 784514.

3: MONJUWARA BEGUM

WARD MEMBER

WARD NO. 1

71 NO. BALIGAON GAON PANCHAYAT

W/O- HAIDAR ALI VILL.- BALIGAON

P.O. LALPOOL P.S. DALGAON

DIST. DARRANG

ASSAM

PIN- 784514.

4: MINARA KHATUN

WARD MEMBER

WARD NO. 5

71 NO. BALIGAON GAON PANCHAYAT

W/O- SABARAN SIDDIQUI

VILL.- NAMATI P.O. LALPOOL P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514.

5: AZIMA KHATUN WARD MEMBER WARD NO. 6

71 NO. BALIGAON GAON PANCHAYAT W/O- AZGAR ALI VILL.- NAGAON P.O. BECHIMARI P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514

6: SAIDUR RAHMAN WARD MEMBER WARD NO. 9

71 NO. BALIGAON GAON PANCHAYAT S/O- LATE IDRISH ALI VILL.- NO. 2 MAJGAON P.O. LALPOOL P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514 VERSUS THE STATE OF ASSAM AND 11 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT.

OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006.

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

3:THE DISTRICT COMMISSIONER DARRANG P.O. AND P.S. MANGALDOI DIST. DARRANG ASSAM PIN- 784125.

4:THE CHIEF EXECUTIVE OFFICER DARRANG ZILLA PARISHAD P.O. AND P.S. MANGALDOI DIST. DARRANG ASSAM PIN- 784125.

5:THE CO-DISTRICT COMMISSIONER DALGAON CO-DISTRICT P.O. AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784116.

6:THE CIRCLE OFFICER DALGAON REVENUE CIRCLE P.O. AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784116.

7:THE EXECUTIVE OFFICER BECHIMARI ANCHALIK PANCHAYAT P.O. BECHIMARI P.S. DALGAON DIST. DARRANG ASSAM PIN- 784116.

8:THE SECRETARY

71 NO. BALIGAON GAON PANCHAYAT VILL.- BALIGAON P.O. LALPOOL P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514.

9:RUHUL AMIN WARD MEMBER WARD NO. 4

71 NO. BALIGAON GAON PANCHAYAT S/O- JAINAL ABEDIN VILL.- NAMATI P.O. LALPOOL P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514.

10:TASLIMA KHATUN WARD MEMBER WARD NO. 7

71 NO. BALIGAON GAON PANCHAYAT W/O- MATIUR RAHMAN VILL.- PADUPUR P.S. LALPOOL P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514.

11:TAMZIDA BEGUM WARD MEMBER WARD NO. 3

71 NO. BALIGAON GAON PANCHAYAT W/O- AFAZ UDDIN VILL.- ALISINGHA JUNGLE P.O. LALPOOL P.S. DALGAON DIST. DARRANG ASSAM PIPN- 784514.

12:SHAHIDUL ISLAM WARD MEMBER WARD NO. 10

71 NO. BALIGAON GAON PANCHAYAT S/O- MUSLIM ALI VILL.- NO. 2 MAJGAON P.O. LALPOOL P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514 B E F O R E HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI Advocate for the petitioners : Shri A.M. Ahmed, Advocate.

Advocates for the respondents : Shri N. Das, GA, Assam, Shri R. Dubey, SC, State Election Commission, Ms. N.B. Kayastha, Adv.

Shri S. Islam, Advocate [R. Nos. 9 and 10]. Date on which judgment is reserved : NA Date of pronouncement of judgment : 11.12.2025 Whether the pronouncement is of the operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER

6 Nos. of petitioners have joined together in this petition filed under Article

226 of the Constitution of India in respect of the elections to the post of President and Vice President of the 71 No. Baligaon Gaon Panchayat in the district of Darrang.

2. As per the facts projected, the election to the aforesaid Gaon Panchayat was held in May, 2025 in which the petitioners and the private respondents were elected as Ward Members. The first meeting of the Panchayat was held on 21.06.2025 and it is the contention of the petitioners that in the said meeting, elections for the President and the Vice President were held. The petitioners have contended that the petitioner no. 1 and the petitioner no.2 were elected as the President and the Vice President of the said Panchayat respectively.

However,