GAHC010178232025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4683/2025

JESMINA KHATUN

S/O- SADDAM HUSSAIN,

VILL.- TAKIMARI NATHANTHONGA, P.O.- TAKIMARAI, P.S.- LAKHIPUR

DISTRICT- GOALPARA, ASSAM.

VERSUS

THE STATE OF ASSAM AND OTHRS

REPRESENTED BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF

ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,

GUWAHATI - 6.

2:THE DISTRICT COMMISSIONER

GOALPARA

P.O.- BALADMARI

GOALPARA

ASSAM.

3:THE ADDL DISTRICT COMMISSIONER

MAGISTRACY BRANCH

GOALPARA

P.O.- BALADMARI

GOALPARA

ASSAM.

4:ASSTT COMMISSIONER

GOLAPARA

P.O.- BALADMARI

GOALPARA

ASSAM.

5:CHIEF EXECUTIVE OFFICER ZILLA PARISHAD GOALPARA ASSAM.

6:BLOCK DEVELOPMENT OFFICER JALESHWAR GOALPARA ASSAM.

7:CHILD DEVELOPMENT PROTECTION OFFICER LAKHIPUR ICDS PROJECT LAKHIPUR GOALPARA ASSAM

8:ALI HUSSAIN VILL.- TIAPARA P.O.- TAKIMARI P.S.- LAKHIPUR DISTRICT GOALPARA ASSAM Advocate for the Petitioner : MR H DAS, D BARUAH Advocate for the Respondent : SC, P AND R.D., H R KHAN (R-8),MR. M ALI(R-8),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR JUDGMENT & ORDER(ORAL)

Date : 04-12-2025 Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. N. Das, learned Government Advocate appearing for the respondent No. 2, 3 & 4. Ms. P. Thapa, learned counsel appears on behalf of Mr. S. Dutta, learned counsel for the respondent No. 1, 5 & 6 and Mr. A. Ali, learned counsel has appeared for the respondent No. 8.

2. This writ petition has been filed challenging the order No. GDG 58/P Election/2025/Pt/18 dated 16.07.2025 passed by the District Commissioner, Goalpara by which the petitioner was removed from the post of Gaon Panchayat Member from 1-No Ward Nathongdonga Tiapara Takimari Haguripara Gaon Panchayat in the district of Goalpara.

3. This is the second round of litigation for the petitioner. The petitioner had earlier instituted WP(C) No.4051/2025 wherein she had challenged the proceedings initiated by the District Commissioner, Goalpara based on an application filed by the respondent No.8 herein seeking disqualification of the petitioner as a Gaon Panchayat Member of the Village 11 No. Takimari, Haguripara. The further challenge was to the enquiry report dated 31.05.2025 as well as the second complaint filed by the respondent No.8 and also to the consequential hearing held on 27.06.2025.

The order dated 23.07.2025 passed in WP(C) No. 4051/2025 had recorded the important facts necessary for determination of the said writ petition at paragraph-4.

The said paragraph is reproduced herein below for the sake of convenience;

I. The petitioner got elected as Gaon Panchayat Member of village 11 No. Takimari, Haguripara under No. 1 Nathongthonga Tiapara Gaon Panchayat under Joleswar Anchalik Panchayat in the district of Goalpara, under the Assam Panchayat Act, 1994.

II. The wife of the respondent No. 8 also contested the said election and got defeated. The respondent No. 8 filed an application before the District Commissioner, Goalpara, inter- alia, alleging that the petitioner/ elected candidate is disqualified for being elected as a Member of Gaon Panchayat for the reason of having three children inasmuch as according to the respondent No. 8, the third child was borne on 22.08.2021.

III. On the basis of such complaint, the District Commissioner, Goalpara conducted an enquiry through an Executive Magistrate, who in turn submitted a report.

IV. The report goes to show that during enquiry, some of the neighbor of the petitioner admitted that the petitioner had two children and some section of the people stated that the petitioner is having three children.

V. It is further revealed in the enquiry that the family member and husband of the candidate also stated that the third daughter, namely, Zenifar Akhtara expired after four months of her birth. However, no death certificate from the Kabarsthan certifying such death could be produced by them. According to the report, the enquiry officer also recorded the statement of the