Page No.# 1/3 GAHC010156952025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4210/2025 MONOWAR HUSSIAN KHALIFA S/O LATE JABED ALI, VILL- HOJUAR CHAR PT-III, P.O.- BALARBHITA, P.S.- CHUNARI, DIST- GOALPARA, ASSAM, PIN-783129 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DISTRICT COMMISSIONER GOALPARA DIST- GOALPARA ASSAM PIN-783101 3:THE DISTRICT DEVELOPMENT COMMISSIONER GOALPARA DIST- GOALPARA ASSAM PIN-78310 Advocate for the Petitioner : MR J ABEDIN, MR M Z RAHMAN,MR. A F N U MOLLAH Advocate for the Respondent : SC, P AND R.D., GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 14.08.2025 Heard Shri J. Abedin, learned counsel for the petitioner. Also heard Ms. M. Barman, learned State Counsel as well as Shri D. Dutta, learned Standing Counsel, P&RD. The petitioner is aggrieved by a communication dated 05.07.2025 issued by the District Development Commissioner, Goalpara whereby the petitioner is sought to be disqualified under the provisions of Assam Panchayat Election Act, 1994. The petitioner has also put to challenge the communication dated 13.06.2025 issued by the said authority with regard to a hearing on the complaint lodged against him. Since the principal ground of challenge is the competence of the authority issuing the impugned order, this Court had directed the learned State Counsel to obtain instructions. Ms. M. Barman, the learned State Counsel has submitted that the written instructions dated 12.08.2025 have been obtained as per which it appears that the District Development Commissioner has only communicated the date of hearing and the final orders would be passed by the appropriate authority. The aforesaid submission is also endorsed by Shri S. Dutta, the learned Standing Counsel, P&RD. In view of the aforesaid clarification, this Court is of the opinion that the Page No.# 3/3 petition is pre-matured as no cause of action has arisen till now. Since as per the written instructions, the final orders of disqualification are yet to be passed, for all practical purposes, the petitioner would be treated to be an elected member till such decision is taken. In view of the above, the writ petition is closed. It is needless to state that in case of any further grievance, the petitioner would have the liberty to approach the appropriate forum. JUDGE Comparing Assistant