GAHC010253352025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6536/2025

MAMUN SHAH

S/O ABDUL SALAM SHAH

R/O VILL- BORO BAGHJHAPA P.O. HAZIRHAT, P.S. SUKCHAR

DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN CODE-783128.

VERSUS

THE STATE OF ASSAM AND 9 ORS.

THROUGH- THE SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND

RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006.

2:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

ASSAM

PANJABARI

JURIPAR

GUWAHATI-781037

3:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR

HATSINGIMARI

ASSAM

PIN-783135

4:THE CHIEF EXECUTIVE OFFICER

HATSINGIMARI

ASSAM PIN CODE- 783135.

5:THE STATE ELECTION COMMISSIONER ASSAM REPRESENTED BY ITS COMMISSIONER HOUSEFED DISPUR GUWAHATI-6.

6:THE DISTRICT ELECTION OFFICER SOUTH SALMARA MANKACHAR HATSINGIMARI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN CODE- 783135

7:THE ASSAM STATE SCHOOL EDUCATION BOARD DIVISION -II (EARLIER ASSAM HIGHER SECONDARY EDUCATION COUNCIL)

BAMUNIMAIDAM GUWAHATI-781021 REPRESENTED BY ITS SECRETARY.

8:THE CONTROLLER OF EXAMINATION THE ASSAM STATE SCHOOL EDUCATION BOARD DIVISION- II (EARLIER ASSAM HIGHER SECONDARY EDUCATION COUNCIL)

BAMUNIMAIDAM GUWAHATI-781021 REPRESENTED BY ITS SECRETARY.

9:FEKAMARI ANCHALIK PANCHAYAT REPRESENTED BY ITS EXECUTIVE OFFICER P.O. FEKAMARI ASSAM PIN CODE- 783135.

10:ABDUL MONNAF SHEIKH S/O NOSIM UDDIN R/O HATSINGIMARI P.O. FEKAMARI ASSAM PIN CODE- 78313 Advocate for the Petitioner : MR. A K PURKAYASTHA, MR. S SHARMA,MR. R MAJUMDAR Advocate for the Respondent : SC, P AND R.D., SC, HIGHER EDU,SC, S E C,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : --19.11.2025 Heard Mr. A.K. Purkayastha, learned counsel for the petitioner; Ms. P. Thapa, learned counsel representing Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for the respondent nos. 1, 2, 4 & 9; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent no. 3.

2. The petitioner has been elected as a Member of Fekamari Anchalik Panchayat, District – South Salmara, Mankachar in the Panchayat General Election, 2025. Subsequent to his election, the petitioner has come to learn that the respondent no. 10 has filed a complaint before the respondent no. 3 seeking disqualification of the petitioner on a number of grounds under Section 111 of the Assam Panchayat Act, 1994, as amended. Apprehending action on the complaint without providing any opportunity of representing his case against the complaint, the petitioner is before this Court by the instant writ petition.

3. Ms. Thapa and Mr. Handique have submitted that the petitioner had preferred a title suit on the same issue and the same was dismissed. Thereafter, the petitioner preferred a title appeal which is presently pending and as such, the writ petition is not maintainable.

4. Issue notice, returnable on 15.12.2025.

5. As Ms. Thapa, learned counsel has appeared and accepted notices for the respondent nos. 1, 2, 4 & 9; and Mr. Handique, learned Junior Government Advocate, Assam has appeared and accepted notice for the respondent no. 3, formal notices need not be issued to the said respondents. Mr. Purkayastha, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Ms. Thapa and Mr. Handique within 2 [two] working days from today.

6. The learned counsel for the petitioner shall serve requisite nos. of writ petition to the learned Standing Counsel, Assam State Election Commission for service of notice upon the respondent nos. 5 & 6 and to the learned Standing Counsel, Secondary Education for service of notice upon the respondent nos. 7 & 8, within 2 [two] working days from today.

7. The petitioner shall also take steps for service of notice upon the respondent no. 2 by speed post, within 2 [two] working days from today.

8. It is observed that if the respondent no. 3 has proceeded with the complaint, stated to have been submitted by the