GAHC010164062025 2025:GAU-AS:16426

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4505/2025 NASRIN FARUKI AND ORS

WARD MEMBER WARD NO. 5 40 NO DHUMKURA GAON PANCHAYAT W/O HABIBIR RAHMAN VILL CHUTIA GOAN PO DHUMKURA PS LAHARIGHAT

DIST MORIGAON ASSAM PIN 782127

2: MOHIBUR RAHMAN

WARD MEMBER WARD NO. 8 40 DHUMKURA GAON PANCHAYAT S/O LT

AFAZ UDDIN VILL PAMBORI PO DHUMJURA PS LAHARIGHAT DIST

MORIGAIN ASSAM PIN 782127

3: MULIKA KHATUN

WARD MEMBER WARD NO. 3 40 NO. DHUMKUWA GAON PANCHAYAT W/O SOHIDUL ISLAM VILL CHENIMARI PO DHUMKURA PS LAHARIGHAT DIST

MORIGAON ASSAM PIN 782127

4: NARJINA BEGUM

WARD MEMBER WARD NO. 1 40 NO. DHUMKURA GAON PANCHAYAT W/O

SHAJAHATI ALI VIL CHENIMARI PO DHUMKURA PS LAHARIGHAT DIST

MORIGAON ASSAM PIN 78212

VERSUS

THE STATE OF ASSAM AND ORS

REP BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM

PANCHAYAT AND RURAL DEVELOPMENT DEPTT DISPUR GUWAHATI

781006

2:THE ASSAM STATE ELECTION COMMISSION

REP BY THE SECRETARY PANJABARI GUWAHATI ASSAM PIN 781037

3:THE DISTRICT COMMISSIONER

MORGAON

PO AND PS MORIGAON DIST MORIGAON ASSAM PIN 782105

4:THE CHIEF EXECUTIVE OFFICER MORIGAON ZILLA PARISHAD PO AND PS AND DIST MORIGAON ASSA PIN

782105

5:THE CO DISTRICT COMMISSIONER LAHARIGHAT CO DISTRICT PO AND PS LAHARIGHAT DIST MORIGAON ASSAM PIN 782127

6:THE AUTHORIZED OFFICER FIRST MEETING HELD ON 12.07.2025 OF 40 NO. DHUMKUA GAON PANCHAYAT C/O O/O THE DISTRICT COMMISSIONER MORIGAN PO PS AND DIST MORIGAN ASSAM PIN 782105

7:THE EXECUTIVE OFFICER LAHARIGHAT DEVELOPMENT BLOCK PO AND PS LAHARIGAHT DIST MORIGAN ASSAM PIN 782127

8:THE SECRETARY

40 NO. DHUMKURA GAON PANCHAYAT PO DHUMKURA PS LAHARIGAHT DIST MORIGAN ASSAM PIN 782127

9:NAZIMA YEASMIN BEGUM WARD MEMBER WARD NO 4 40 NO. DHUMKURA GAON PANCHAYAT W/O NURUL AMIN VILL ROUMARI PO DHUMKURA PS LAHARIGHAT DIST MORIGAN ASSAM PIN 782127

10:NAJIRUL ISLAM WARD MEMBER WARD NO 2 40 NO. DHUMKURA GAON PANCHAYAT S/O ABDUL AZIZ VILL CHENIMARI PO DHUMKURA PS LAHARIGAHT DIST MORIGAN ASSAM PIN 782127

11:SADIQUL ISLAM WARD MEMBER WARD NO 10 40 NO. DHUMKURA GAON PANCHAYATS/O ABUL HASIM VILL CHUTIA PO DHUMKURA PS LAHARIGAHT DIST MORIGAN ASSAM PIN 782127

12:KULSUMA KHATUN WARD MEMBER WARD NO 7 40 NO. DHUMKURA GAON PANCHAYAT W/O LT ABBAS ALI VILL CHUTIA PS LAHARIGAHT DIST MORIGAN ASSAM PIN

78212 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A M AHMED,B DAS,P. GHOSH Advocate for the Respondent : SC, P AND R.D., MR M H AHMED (R9, R10, R12),MS A HUSSAIN (R-11),R BEGUM (R-11),H G DAISY (R-11, R12),MR N ZAMAN (R9, R10, R12, R-11),GA, ASSAM,SC, ASEC BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 01.12.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A.M. Ahmed, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for the respondent nos. 1, 4, 7 & 8; Ms. A.B. Kayastha, learned counsel representing Mr. R. Dubey, learned Standing Counsel, Assam Stated Election Commission for the respondent no. 2; Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 3, 5 & 6; and Mr. M.H. Ahmed, learned counsel for the respondent nos. 9, 10, 11 & 12.

2. Pursuant to Notification dated 02.04.2025 issued by the Assam State Election Commission, the general election to the Panchayat in Assam was held in two phases on 02.05.2025 and 07.05.2025 respectively. The election for the Gaon Panchayat constituencies of 40 no. Dhumkura Gaon Panchayat, District – Morigaon was held on 07.05.2025. After counting on 11.05.2025, winning certificates were issued by the respondent no. 3 on 20.05.2025. The four petitioners and the respondent nos. 9-12 were candidates from different constituencies of 40 no. Dhumkura Gaon Panchayat, who were declared elected as Gaon Panchayat Ward Members on 20.05.2025.

3. By a Notification dated 16.06.2025, the respondent no. 3 authorized the officials named therein to administer oath of affirmation to the elected Gaon Panchayat Ward Members and to conduct the elec