Page No.# 1/4 GAHC010149152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3907/2025 NOSIMUDDIN AHMED S/O LATE IDU SHEIKH, R/O VILL- NO. 2 BARALAKHAITI (DHALPUR), P.O.- RANGAMATI, DIST- DARRANG, ASSAM, PIN-785614 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE PANCHAYAT AND RURAL DEVELOPMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-6 2:THE STATE ELECTION COMMISSIONER OF ASSAM ADITYA TOWER 2ND FLOOR OPPOSITE DOWN TOWN HOSPITAL G.S ROAD DISPUR GHY-6 3:THEE SECRETARY ASSAM STATE ELECTION COMMISSION DISPUR GHY-06 4:THE DISTRICT COMMISSIONER DARRANG Page No.# 2/4 MANGALDAI CUM RETURNING OFFICER OF ELECTION OF DARRANG DISTRICT P.O. - MANGALDAI DIST- DARRANG ASSAM PIN-784125 5:THE ELECTION OFFICER DARRANG AT MANGALDAI P.O.- MANGALDAI DIST- DARRANG ASSAM PIN-784125 6:THE BLOCK DEVELOPMENT OFFICER PASCHIM MANGALDAI P.O.- MANGALDAI DIST- DARRANG ASSAM PIN-784125 7:MAINUL HAQUE S/O LATE ABUL HUSSAIN R/O VILL- NO. 3 BARALAKHAITI P.O.- RANGAMATI P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-785614 8:THE CIRCLE OFFICER MANGALDAI REVENUE CIRCLE P.O.- MANGALDAI DIST- DARRANG ASSAM PIN-78412 Advocate for the Petitioner : MR. A R SIKDAR, J A SIKDAR,MS M SARMA,MR. S I TALUKDAR Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, A S E C Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 18.07.2025 Heard Shri A.R. Sikdar, learned counsel for the petitioner, who is aggrieved by the action of the respondents in holding the respondent no. 7 as eligible to contest in the Panchayat Election from 36 no. Rowmarigaon under Rongamati Zilla Parishad, Darrang. It is submitted that a false affidavit was furnished in support of her candidature. 2. Shri N. Das, learned State Counsel and Shri S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department have however raised a preliminary objection that an effective and efficacious remedy in the form of an appeal under Section 127 of the Panchayat Act is available. 3. Ms. A.B. Kayastha, learned counsel is present on behalf of Shri R. Dubey, learned Standing Counsel, ASEC. 4. Upon consideration of the dispute raised wherein an effective remedy is provided by preferring an appeal, this Court is of the view that the dispute involves factual determination wherein a Writ Court may not be the appropriate forum. 5. At this stage, Shri Sikdar, learned counsel for the petitioner submits that he may be allowed to withdraw this writ petition with liberty to approach the Page No.# 4/4 appellate forum. 6. In view of the aforesaid prayer, the writ petition is closed on withdrawal with liberty as prayed for. 7. It is also observed that in case the election petition, if filed, is held to be beyond the period of limitation prescribed, the petitioner may file an application for condonation which would be considered in a liberal manner and the dispute be adjudicated on merits strictly in accordance with law. JUDGE Comparing Assistant