ABDUL MALIK SAIKIIA AND ANR v. THE STATE OF ASSAM AND 5 ORS
WP(C)/3593/2025 · 2025-09-23
Kaushik Goswami
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 15045 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15045 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010139922025
2025:GAU-AS:13178
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3593/2025 ABDUL MALIK SAIKIIA AND ANR S/O LATE KASHIM ALI, VILL. BIHDIA, P.O. SANIYADI, P.S .HAJO, DIST.
KAMRUP (ASSAM), PIN 781102 2: ABDUL SELIM S/O LATE PESKAR ALI VILL. DOLATIA P.O. SANIYADI P.S. HAJO DIST. KAMRUP (ASSAM) PIN 78110 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI, PIN 781006 2:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY THE SECY. PANJABARI GUWAHATI ASSAM PIN 781037 3:THE DIST. COMMISSIONER KAMRUP AMINGAON GUWAHATI PIN 781031
Page No.# 2/4 4:THE CHIEF EXECUTIVE OFFICER KAMRUP ZILLA PARISHAD AMINGAON GUWAHATI PIN 781031 5:THE EXECUTIVE OFFICER HAJO ANCHALIK PANCHAYAT P.O. AND P.S. HAJO DIST. KAMRUP (ASSAM) PIN 781102 6:JESHINA HOQUE W/O MAIDUL HOQUE @ MAIDUL ISLAM VILL. DOLAITOLA P.O. SANIYADI P.S. HAJO DIST. KAMRUP (ASSAM) PIN 78110 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. M ALOM,MRS. S Y AHMED,MR.
M K HUSSAIN Advocate for the Respondent : SC, P AND R.D., MR. T K BHUYAN (R-6),GA, ASSAM,SC, ASEC
Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER 24.09.2025 Heard Mr. H R A Choudhury, learned Senior counsel assisted by Mr. M K Hussain,
learned counsel for the petitioners. Also heard Ms. A B Kayastha, learned counsel for the respondent No. 2; Mr. N Das, learned counsel for the respondent No. 3 as well as Mr. A Sharma, learned counsel for the respondent No. 6. None appeared for the other respondents on call.
2. The grievances canvassed in the instant writ petition is non-consideration of the application dated 30.05.2025 filed by the petitioners under Rule 62(4)(d) of the Assam Panchayat (Constitution) Rules, 1995 as amended, read with Section 111(2)(f) of the Assam Panchayat Act, 1994 as amended, for removal of the respondent No. 6 from the post of Anchalik Panchayat Member of Saniadi Anchalik Panchayat Constituency of Hajo Anchalik Panchayat.
3. The brief facts of the case are that the respondent No. 6 was elected on 11.05.2025 as the Anchalik Panchayat Member of Saniadi Anchalik Panchayat Constituency of Hajo Anchalik Panchayat. It is the specific case of the petitioners that the respondent No. 6 has solemnized child marriage on 15.03.2012 with Maidul Hoque @ Maidul Islam. Situated thus, representation was filed by the petitioners before the respondent No. 5 for removal of the respondent No. 6 from the said post of Anchalik Panchayat Member, which was further followed by representation dated 11.06.2025 filed before the respondent No. 3. It is the specific case of the writ petitioners that despite the aforesaid representations, no action till date has been taken.
4. Having heard the learned counsels for the parties and considering the materials available on record, it appears that in the interest of justice, the instant writ petition can be disposed of, with a direction to the petitioners to submit fresh representation
Page No.# 4/4 before the respondent authorities, stating their grievances therein along with relevant documents, if any, within a period of one week from today and upon receipt of the same, the respondent authorities shall dispose of the same strictly in accordance with law after giving due opportunity to the parties concerned, within a period of 4 (four) weeks thereof.
5. With the above observation and direction, this writ petition, stands disposed of.
JUDGE Comparing Assistant