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GAHC010011782026

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/348/2026

NAZIMA YEASMIN

W/O-NURUL AMIN VILL- CHUTIAGAON P.O-DHUMKURA P.S-LAHARIGHAT

BEGUM, DIST-MORIGAON,ASSAM, PIN782127

2: NAJIRUL ISLAM

. S/O-ABDUL AZIZ VILL- CHENIMARI

P.O-DHUMKURA P.S- LAHARIGHT DIST-- MORIGAONASSAM PIN-78212

3: SADIQUL ISLAM

WARD MEMBER OF WARD NO.10

40 NO.DHUMKURA GAON PANCHAYAT S/O-ABUL HASIM VILL-

CHUTIAGAON P.O-DHUMKURA P.S-LAHARIGHAT DIST-MORIGAON

ASSAM

PIN782127

4: KULSUMA KHATUN

WARD MEMBER OF WARD NO.7

40 NO.DHUMKURA GAON PANCHAYAT D/O-LATE ABBAS ALI VILL-

CHUTIAGAON P.O-DHUMKURA P.S-LAHARIGHAT DIST-MORIGAON

ASSAM

PIN78212

VERSUS

THE STATE OF ASSAM

, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT.

OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,

DISPUR, GUWAHATI, PIN781006-

2:THE DISTRICT COMMISSIONER

MORIGAON

P.O. AND P.S- MORIGAON

DISTRICTMORIGAON ASSAM

PIN782105-

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3:THE CO DISTRICT COMMISSIONER

LAHARIGHA CO-DISTRICT

P.O. AND P.S- LAHARIGHAT

DISTRICTMORIGAON ASSAM

PIN782127

4:THE ASSISTANT COMMISSIONER

CO DISTRICT CO-DISTRICT COMMISSIONER

LAHARIGHA CO-DISTRICT

P.O. AND P.S- LAHARIGHAT

DISTRICTMORIGAON ASSAM

PIN782127

5:THE SECRETARY

40 NO. DHUMKURA GAON PANCHAYAT

P.O-DHUMKURA

P.S- LAHARIGHAT

DIST MORIGAON

ASSAM

PIN-782127

6:NASRIN FARUKI

WARD MEMBER OF WARD NO.5

40 NO.DHUMKURA GAON PANCHAYAT

WIFE OF HABIBUR RAHMAN

VILLAGE-CHUTIA GAON

P.O- DHUMKURA

P.S- LAHARIGHAT

DISTRICT-MORIGAON ASSAM

PIN-782127

7:MOHIBUR RAHMAN

WARD MEMBER OF WARD NO.8

40 NO. DHUMKURA PANCHAYAT GAON SON OF LATE AFAZ UDDIN

VILLAGE- PAMBORI

P.O- DHUMKURA

P.S-LAHARIGHAT

DISTRICT-MORIGAON ASSAM

PIN - 782127.

8:MULIKA KHATUN

WARD MEMBER OF WARD NO.3

40 NO.DHUMKURA GAON PANCHAYAT WIFE OF SOHIDUL ISLAM

VILLAGE- CHENIMARI

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P.. DHUMKURA

P.S- LAHARIGHAT

DISTRICT-MORIGAON ASSAM

PIN-782127

9:NARJINA BEGUM

WARD MEMBER OF WARD NO.1

40 NO. DHUMKURA GAON PANCHAYAT WIFE OF SHAJAHAN ALI

VILLAGE-CHENIMARI

.ODHUMKURA

P.S-LAHARIGHAT

DISTRICT-MORIGAON ASSA

PIN-78212

Advocate for the Petitioner : MR N ZAMAN, MR. A BORUA

Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.

BEFORE

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

28.01.2026

Heard Mr. TJ Mahanta, learned Senior Counsel assisted by Mr. N Zaman,

learned counsel for the petitioners.

2. The challenge before the Court is the impugned order dated 22-12-2025

issued by the District Commissioner in Morigaon, whereby the meeting for

election of the President and Vice President held on 10-07-2025 was declared to

be invalid. This declaration was on the interpretation made by the District

Commissioner that where the total number of members are 10, the minimum

quorum for the meeting is seven, and in the meeting held on 10-07-2025 there

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were only four members present. The effect of this order is that the election of

the petitioner no.1 as the President, the petitioner no.2 as the Vice President

and the petitioners no. 3 & 4 as members has been nullified.

3. Learned Senior Counsel for the petitioners submits that the question

regarding the quorum necessary for such a meeting has already been settled by

a Division Bench of the Court by order dated 18-12-2025 passed in WA No.411

of 2025. By the said judgement, the order assailed of the Coordinate Bench was

upheld and the Division Bench held that there is no conflict between Section 18

of the Assam Panchayat Act of 1994 and Rule 46(3) of the Assam Panchayat

(Constitution) Rules, 1995. So, the Division Bench authoritatively held that the

quorum for a meeting as defined under Section 18 of the Act of 1994 would be

1

(one third) of the total number of the members. Learned Senior Counsel for

3

the petitioners therefore submits that if the quorum for the meeting is

1

of

3

the total members, then for the 40 No Dhumkura Gaon Panchayat where there

are 10 members, the quorum would be four members and these four members

were present on a meeting held on 10-07-2025. Therefore, the meeting was

validly held and as a consequence thereof, the impugne