GAHC010193582025 2025:GAU-AS:16460

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5087/2025

RANU BABU DAS AND 2 ORS.

S/O LATE ASHUTOSH DAS

VILL- JAMIRA PART-IV, P.S. RAMNATHPUR, P.O. JAMIRA BAZAR,

DIST. HAILAKANDI, PIN-788162 2: ABDUL KALAM MAZUMDER

S/O LATE MAYOR ALI MAZUMDER

VILL- NANDAGRAM NC PART-II

P.O. SULTANICHERRA

P.S. RAMNATHPUR DIST. HAILAKANDI

ASSAM

PIN-788162

3: SHYAMSUL HOQUE

S/O SARIF ALI LASKAR VILL- JAMIRA PART-III

P.O. JAMIRA BAZAR

P.S. RAMNATHPUR DIST. HAILAKANDI

PIN-78816

VERSUS

THE STATE OF ASSAM AND 7 ORS.

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,

GUWAHATI-6.

2:THE ASSAM STATE ELECTION COMMISSION

TO BE REP. BY THE SECRETARY

ASSAM STATE ELECTION COMMISSIONER

PANJABARI

GUWAHATI- 37.

3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWAHATI-37.

4:THE DISTRICT COMMISSIONER HAILAKANDI P.O.

P.S. AND DIST. HAILAKANDI PIN-788151.

5:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARIAD HAILAKANDI P.O.

P.S. AND DIST. HAILAKANDI ASSAM PIN-788151.

6:THE BLOCK DEVELOPMENT OFFICER LALA DEVEVELOPMENT BLOCK LALA P.O. AND P.S. LALA DIST. HAILAKANDI PIN-788163.

7:THE SECRETARY JAMIRA GAON PANCHAYAT P.O. JAMIRA BAZAR P.S. RAMNATHPUR DIST. HAILAKANDI PIN-788162

8:SHRI MUSTAQUE AHMED CHOUDHURY S/O MANIR UDDIN CHOUDHURY VILL- JAMIRA PART-III P.O. JAMIRA BAZAR P.S. RAMNATHPUR DIST. HAILAKANDI ASSAM PIN-78816 Advocate for the Petitioner : MR. R A CHOUDHURY, MR. H ISLAM Advocate for the Respondent : GA, ASSAM, MR. M ALOM (R-8),MRS. S Y AHMED (R-8),MS. F H AHMED (R-8),MR. M K HUSSAIN (R-8),SC, ASEC,SC, P AND R.D.

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 01.12.2025 Heard Mr. R.A. Choudhury, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 3, 5, 6 & 7; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent no. 4; and Mr. M. Alom, learned counsel for the respondent no. 8.

2. The three petitioners have claimed that their names are enrolled as Voters for the Assam Panchayat General Election, 2025 as inhabitants of areas within Ward no. 4 of No. 61 Jamira Gaon Panchayat. The respondent no. 8 was a candidate who submitted nomination paper for his election as a Ward Member from Ward no. 4 of No. 61 Jamira Gaon Panchayat in the said Assam Panchayat General Election, 2025. After his nomination paper was accepted, the respondent no. 8 contested in the election and was declared elected as a Ward Member. Subsequently in the first meeting of the Gaon Panchayat, held on 08.07.2025, he was also elected as the President of No. 61 Jamira Gaon Panchayat.

3. The petitioners have contended that the respondent no. 8 suffers disqualification from being elected either as a Member or as a President or to remain as Member or President of a Gaon Panchayat as he lacks the qualification laid down in Section 111[2][a] and Section 111[2][f] of the Assam Panchayat Act, 1994, as amended. Agitating such claim, the petitioners have stated that they had already submitted complaints before the respondent no. 4 on 27.06.2025 and on 11.08.2025 respectively seeking disqualification of the respondent no. 8 and for his consequential removal from the post of President and also as a Ward Member of No. 61 Jamira Gaon Panchayat. As the complaints filed by the petitioners are not given consideration by the respondent no. 4 till date, the petitioners, aggrieved thereby, have approached this Court by the instant writ petition seeking inter-alia a direction to the respondent no. 4 to dispose of the complaints, dated 27.06.2025 and dated 11.08.2025.

4. The provisions of Rule 62 of the Assam Panchayat [Constitution] Rules, 1995, as amended, have laid down the conditions and procedure of disqualification under sub-section [2] of Section 111 of the Assam Panchayat Act, as amended. Sub-rule [f] of Rule 62[1] has provided for th