GAHC010228552025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5918/2025

BURHAN ALI

SON OF MD. ABDUL KADER, RESIDENT OF VILLAGE- KALAKATI P.O.- TEWARIPAL, P.S.- SOOTEA, DISTRICT- BISWANATH, ASSAM PIN-784175

VERSUS

THE STATE OF ASSAM AND 15 ORS

REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE

GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT

DEPARTMENT, DISPUR, GUWAHATI-781006.

2:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT

ASSAM

GUWAHATI-781037

3:THE DISTRICT COMMISSIONER

BISWANATH

DISTRICT- BISWANATH

ASSAM

PIN-784176

4:THE CHIEF EXECUTIVE OFFICER

BISWANATH ZILLA PARISHAD

P.O AND P.S-BISWANATH DIST-BISWANATH-784176

5:THE BLOCK DEVELOPMENT OFFICER

BISWANATH DEVELOPMENT BLOCK CUM EXECUTIVE OFFICER AND

SECRETARY

BISWANATH ANCHALIK PANCHAYAT

BURIGNAG

P.O.- BURIGANG

P.S.- BISWANATH DISTRICT- BISWANATH

ASSAM PIN-784176

6:THE AUTHORISED OFFICER OF THE FIRST MEETING HELD ON 27/06/2025 FOR OATH TAKING AND ELECTION OF PRESIDENT AND VICE-PRESIDENT OF 14 NO. GHILADHARI MUKH GAON PANCHAYAT DISTRICT- BISWANATH (ASSAM)

PIN-784176

7:THE SECRETARY

14 NO. GHILADHARI MUKH GAON PANCHAYAT KARAYANI P.O.- TEWARIPAL P.S. SOOTEA DISTRICT- BISWANATH (ASSAM)

PIN-784176

8:SRI DIGANTA SAIKIA MEMBER WARD NO.1 OF 14 NO GILADHARI PANCHAYAT MUKH GAON S/O- LATE SONARAM SAIKIA RESIDENT OF VILLAGEGHILADHARI MUKH P.O.- TEWARIPAL P.S.- SOOTEA DIST.- - BISWANATH ASSAM PIN-784175

9:RAJIV MISRA MEMBER WARD NO.2 OF 14 NO GILADHARI MUKH GAON PANCHAYAT S/O-

KHAGEN MISHRA RESIDENT OF VILLAGEADABHETI P.O.- TEWARIPAL P.S.-SOOTEA DIST.- - BISWANATH ASSAM PIN-784175

10:GAHUR ALI MEMBER WARD NO.3 OF 14 NO GILADHARI MUKH GAON PANCHAYAT S/O- ABDUL RAHIM RESIDENT OF VILLAGEADABHETI P.O.- TEWARIPAL P.S.-SOOTEA DIST.- - BISWANATH ASSAM PIN-784175

11:SAMSUL ISLAM MEMBER WARD NO.7 OF 14 NO GILADHARI MUKH GAON PANCHAYAT S/O-

SAHAJAL HAQUE RESIDENT OF VILLAGE- NA ADAVATI (KALAKATI NO.1)

P.O.- TEWARIPAL P.S. SOOTEA DIST.- - BISWANATH ASSAM PIN- 784175

12:MOFIDA KHATUN MEMBER WARD NO.6 OF 14 NO GILADHARI MUKH GAON PANCHAYAT W/O- ABDUL KASEM RESIDENT OF VILLAGEBAKRRAPATTA P.O.- BAKRRAPATTA P.S.- SOOTEA DIST.- - BISWANATH ASSAM PIN-784175

13:HASINA KHATUN MEMBER WARD NO.4 OF 14 NO GILADHARI MUKH GAON PANCHAYAT W/O- AMJAD ALI RESIDENT OF VILLAGE- NO.2 ADAVETI P.O.- TEWARIPAL P.S.- SOOTEA DIST.- - BISWANATH ASSAM PIN-784175

14:NURJAHAN BEGUM MEMBER WARD NO.5 OF 14 NO GILADHARI MUKH GAON PANCHAYAT W/O- ABDUL KARIM RESIDENT OF VILLAGE- NO.2 ADAVETI P.O.-TEWARIPAL P.S.- SOOTEA DIST.- - BISWANATH ASSAM PIN-784175

15:AJIRON KHATUN MEMBER WARD NO.8 OF 14 NO GILADHARI MUKH GAON PANCHAYAT W/O-

SAFIKUL ISLAM RESIDENT OF VILLAGE- UTTAR KALAKATI P.O.- TEWARIPAL P.S.-SOOTEA DIST.- - BISWANATH ASSAM PIN- 784175

16:AMINA KHATUN MEMBER WARD NO.10 OF 14 NO GILADHARI MUKH GAON PANCHAYAT W/O-

SAMSHUL ISLAM RESIDENT OF VILLAGE- NO.2 BHOJMARI P.O.- TEWARIPAL P.S.-SOOTEA DIST.- - BISWANATH ASSAM PIN- 78417 B E F O R E HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI Advocate for the petitioner : Shri P.P. Dutta, Advocate.

Advocates for the respondents : Shri H. Sharma, Addl. Sr. GA, Assam, Ms. P. Thapa, Adv., appearing on instructions of Shri S.

Dutta, SC, P&RD, Shri M.K. Hussain, Adv [R- nos. 8 & 11]

Shri A.M. Ahmed, Adv [R-nos. 9 & 10]

Shri A. Bhattacharjee, Adv [R. Nos. 12 to 16].

Date on which judgment is reserved :

Date of pronouncement of judgment : 08.12.2025 Whether the pronouncement is of the operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER An Order dated 10.09.2025 passed by the District Commissioner, Biswanath by which the 1^st meeting of the 14 No. Ghiladhari Mukh Gaon Panchayat has been cancelled is the subject matter of challenge in this writ petition. In the said meeting, the petitioner was elected as the President of the Gaon Panchayat.

2. The facts, briefly stated are that the petitioner is an elected member of the aforesaid Gaon Panchayat, the elections of which was held on May, 2025. The 1^st meeting was accordingly convened o