GAHC010236402025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6170/2025

MONOWARA TAIMUR

W/O- OSMAN GONI A RESIDENT OF VILL - CHALAKURA PARTIII, P.O. AND

P.S- CHUNARI DIST.- GAOLPARA, ASSAM

VERSUS

THE STATE OF ASSAM AND OTHRS

REPRESENTED BY THE COMMISSIONER AND SECRETARY, PANCHAYAT

AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6

2:THE DISTRICT COMMISSIONER

GOALPARA

P.O.- BALADMARI

P.S.- GOALPARA SADAR

ASSAM

PIN783121.

3:THE ASSISTANT COMMISSIONER

GOALPARA

DIST.- GOLAPARA

4:THE JOINT DIRECTOR

HEALTH SERVICES

GOALPARA

DIST.- GOALPARA

ASSAM

5:THE CHIEF EXECUTIVE OFFICER

GOALPARA ZILLA PARISHAD

DIST.- GOALPARA

ASSAM

6:THE BLOCK DEVELOPMENT OFFICER KAMAKHYABARI DEVELOPMENT BLOCK KHARMUZA P.O.- JOYBHUM P.S.- LAKHIPUR DIST.- GOALPARA ASSAM.

7:THE SECRETARY 12 NO. PANCHAYAT KALSHABHANGA ROWKHOWA KALSHABHANGA GAON P.O-ROWKHUA DIST.- GOALPARA ASSAM

8:FATEHA KHATUN W/O-ABU TALEB A RESIDENT OF VILL - CHALAKURA PART-III P.O. AND P.S.- CHUNARI DIST.- GOALPARA ASSAM PIN78312 Advocate for the Petitioner : MR. S. ALOM, N ISLAM,MR. S H ZAMAN,MR. M A I HUSSAIN Advocate for the Respondent : SC, P AND R.D., SC, HEALTH,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 01.11.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner; Mr. A.K.

Ghosh, learned counsel representing Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 5 & 6; Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3; and Ms. S. Sharma, learned Standing Counsel, Health Department for the respondent no. 4.

2. The petitioner has contested for the last Panchayat General Election for the post of Ward Member from 10 No. Chalakura Gaon Panchayat Constituency of Kalshabhanga Rowkhowa Gaon Panchayat. The respondent no. 8 also contested in the said election and after the election, she was declared elected as the Ward Member wherein the petitioner secured the second highest nos. of votes. After declaration of the results, the petitioner submitted a complaint regarding ineligibility of the respondent no. 8 to remain as Ward Member in view of her having more than two living children beyond 19.03.2018. The respondent no. 2 by an Order dated 19.07.2025 had removed the respondent no. 1 as a Ward Member from 10 No. Chalakura Gaon Panchayat Constituency. On a challenge being made to the said Order by the respondent no. 8 as the writ petitioner in W.P.[C] no. 4492/2025, the Court by a Judgment and Order dated 08.08.2025 had set aside the Order dated 19.07.2025 of the respondent no. 2 with a further direction to the respondent no. 2 to proceed afresh based on the complaint lodged by the present petitioner by providing a copy of the complaint lodged and enquiry report, if any, to the respondent no. 8 and after giving a reasonable opportunity of hearing to the respondent no. 8.

3. In the Judgment and Order dated 08.08.2025, the Court also observed that in the proceeding to be conducted by the respondent no. 2, the present petitioner shall also be given an opportunity of hearing.

4. As no discernible steps are found to have been taken by the respondent no. 2 in terms of the direction made in the Judgment and Order dated 08.08.2025, the petitioner has approached this Court by the present writ petition.

5. Issue notice, returnable on 03.12.2025.

6. As Mr. Ghosh, learned counsel has appeared and accepted notice on behalf of the respondent nos. 1, 5 & 6; Mr. Roy, learned Junior Government Advocate, Assam has appeared and accepted notice on behalf of the respondent nos. 2 & 3; and Ms. Sharma, learned Standing Counsel, Health Department has appeared and accepted notice on behalf of the respondent no. 4, issuance of formal notice to the said respondents is dispensed with. However, extra copies of the writ petition along with annexures are to be furnished to Mr. Ghosh, Mr.

Roy and Ms. Sharma within 2 [two] working days from today.

7. The petitioner shall take s