GAHC010253972025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6691/2025

MURSHIDA KHATUN AND ANR

W/O NUR UDDIN

VILL- NO. 1 SARKEY BASTI,

P.O. NAKHUTI BAZAR

P.S. LUMDING

DIST. HOJAI, ASSAM,

PIN-782446.

2: NUR UDDIN

S/O LATE JABED ALI

VILL-NO.1 SARKEY BASTI

P.O- NAKHUTI BAZAR

P.S-LUMDING

DIST- HOJAI

ASSA

VERSUS

THE STATE OF ASSAM AND 4 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEPARTMENT, DISPUR, GUWAHATI-

781006.

2:ASSAM STATE ELECTION COMMSSION

REPRESENTED BY ITS COMMISSIONER

DISPUR

GUWAHATI-781006.

3:THE DISTRICT COMMSSIONER

CUM DISTRICT ELECTION OFFICER

HOJAI

DISTRICT- HOJAI

ASSAM PIN-782446.

4:THE 65 NO. SARKEY BASTI GAON PANCHAYAT REPRESENTED BY ITS SECRETARY P.O. NAKHUTI BAZAR P.S. LUMDING DIST. HOJAI ASSAM PIN-782446.

5:RUKMINA KHATUN W/O SADDAM HUSSAIN VILL- NO. 1 SARKEY BASTIP.O. NAKHUTI BAZAR P.S. LUMDING DIST. HOJAI ASSAM PIN-782446 Advocate for the Petitioner : MR M H AHMED, M BEGUM,AMAN ALI,MR N ZAMAN,I AMIN Advocate for the Respondent : GA, ASSAM, SC, ECI,SC, P AND R.D.

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 28.11.2025 Heard Mr. M. H. Ahmed, learned counsel for the petitioners.

The case of the petitioner is that the respondent No. 5, who was elected as a Member of Ward No. 5 of No. 1 Sarkey Basti under 65 No. Sarkey Basti Gaon Panchayat, had entered into a marriage before attaining majority. The petitioner also contested the election but got defeated.

It is contended by the learned counsel for the petitioner that the election of the respondent No. 5 is in violation of Rule 62 of the Assam Panchayat (Constitution) Rules, 1995. He further contends that although an election petition challenging the election of the respondent No. 5 was filed by the petitioner, same was subsequently withdrawn and therefore, the District Commissioner, Hajo, is duty-bound to consider the representation of the petitioner as under Rule 62(4)(b) of the Assam Panchayat (Constitution) Rules, 1995, the District Commissioner has the authority to remove an elected member if it is found that the member was underage at the time of marriage.

Issue notice, returnable by 4 (four) weeks.

As Ms. P. Thapa, learned Standing Counsel, P and RD for the respondent Nos. 1 & 4; Mr. R. Dubey, learned Standing Counsel, ECI for the respondent Nos. 2 and Mr. J. Handique, learned Government Advocate, Assam for the respondent No. 3 have entered appearance and accepted notice on behalf of the respondents, no formal notice is required to be sent. However, requisite extra- copies of the writ petition along with the documents appended thereto be furnished to them during the course of the day.

Steps for service of notice upon the respondent No. 5 be taken by registered post with A/D as well as by usual process within 3 (three) working days.

List the matter after 4 (four) weeks JUDGE Comparing Assistant