Page No.# 1/3 GAHC010144812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3769/2025 JOYNAL ABEDIN S/O. LATE ISRAIL HOQUE, R/O. VILL. KATHALGURI, P.O. MAJERGAON, P.S. CHAPAR, DIST. DHUBRI, ASSAM, PIN 783376. VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI - 781006. 2:THE ASSAM STATE ELECTION COMMISSION REP. BY THE SECRETARY HOUSEFED COMPLEX DISPUR GUWAHATI - 781006. 3:THE DISTRICT COMMISSIONER DHUBRI DIST. DHUBRI ASSAM PIN 783301. 4:THE ELECTION OFFICER -CUM- ADDITIONAL DISTRICT COMMISSIONER DHUBRI DIST. DHUBRI ASSAM PIN 783301 Advocate for the Petitioner : MR J ABEDIN, MR. K I MAZUMDER Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.,SC, ASEC Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27.06.2025 Heard Shri J Abedin, learned counsel for the petitioner and Shri H Sarma, learned Addl. Sr. Government Advocate, Assam. Also heard Shri S Dutta, learned Standing Counsel, P&RD Department, Assam as well as Shri R Dubey, learned Standing Counsel, State Election Commission. 2. Considering the limited grounds on which this writ petition has been projected, and as agreed to by the learned counsel for the parties, the same is taken up for disposal at the motion stage itself. 3. As per the facts projected, the petitioner is an elected Member of Ward No. 7 of the Rangamati Gaon Panchayat in the district of Dhubri. The results of the elections were declared on 11.05.2025 and the communication to the said effect was issued on 12.05.2025. However, one Minu Begum, who had received the second highest vote, had filed WP(C)/3535/2025 challenging the election of the petitioner and in the said case, this Court, while issuing notice, had directed that pendency shall not be a bar for the authority to take an appropriate decision in the matter in accordance with law. 4. The respondent no. 4 had issued notice on 16.06.2025 whereby, the petitioner was directed to attend for a hearing scheduled on 18.06.2025. However, on the said date, due to medical reasons, the petitioner could not appear and accordingly, the next date was fixed on 20.06.2025. 5. The petitioner’s grievance is that on his appearance, no copy of the complaint Page No.# 3/3 was served upon him and the petitioner was compelled to make his submission in one page. The petitioner contends that till now, the hearing has not taken place before the competent authority. 6. Shri Sarma, learned State Counsel has, however submitted that there is no specific pleading in the writ petition that the hearing has not been done. He has also submitted that the last date was fixed on 20.06.2025 and the developments thereafter have not been stated in the writ petition. 7. Be that as it may, in view of the above, it is directed that in the event, the hearing has not been done, the petitioner is to be furnished with the copies of the complaint which finds mention in the notices dated 16.06.2025 and 18.06.2025 and thereafter give the petitioner an effective opportunity of hearing. This order is, however subject to the clause mentioned above that the hearing has not been concluded in the meantime. 8. With the aforesaid direction, the writ petition stands disposed. 9. It is made clear that in case of further grievance, the aggrieved parties may approach the appropriate forum. JUDGE Comparing Assistant