Page No.# 1/3 GAHC010167002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4317/2025 ABDUL KALAM MAZUMDER AND ANR S/O- LATE MAYOR ALI MAZUMDER, VILL.- NANDAGRAM NC PART-II, P.O. SULTANICHEERA, P.S. RAMNATHPUR, DIST. HAILAKANDI, PIN- 788162. 2: SHYAMSUL HOQUE LASKAR S/O- SANIF ALI LASKAR VILL.- JAMIRA PART-III P.O. JAMIRA BAZAR P.S. RAMNATHPUR DIST. HAILAKANDI ASSAM PIN- 788162 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE ASSAM STATE ELECTION COMMISSION TO BE REPRESENTED BY THE SECRETARY ASSAM STATE ELECTION COMMISSIONER PANJABARI GUWAHATI-37. 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT JURIPAR PANJABARI GUWAHATI-37. 4:THE DISTRICT COMMISSIONER Page No.# 2/3 HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI PIN- 788151. 5:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI PIN- 788151. 6:THE BLOCK DEVELOPMENT OFFICER LALA DEVELOPMENT BLOCK LALA P.O. P.S. LALA DIST. HAILAKANDI PIN- 788163. 7:THE SECRETARY JAMIRA GAON PANCHAYAT P.O. JAMIRA BAZAR P.S. RAMNATHPUR DIST. HAILAKANDI PIN- 788162. 8:MUSTAQUE AHMED CHOUDHURY S/O- MANIR UDDIN CHOUDHURY VILL.- JAMIRA PART-III P.O. JAMIRA BAZAR P.S. RAMNATHPUR DIST. HAILAKANDI PPIN- 788162 Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER Advocate for the Respondent : GA, ASSAM, SC, ASEC,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 01.08.2025 Heard Shri R.A. Choudhury, learned counsel for the petitioners, who have Page No.# 3/3 claimed to be voters under Jamira Gaon Panhayat. The challenge is against the election of the respondent no. 8 from Ward No. 4 who has subsequently been elected as the President. The challenge is structured on the edifice that there is violation of the Rules 62(1)(a) and 62(1)(f) of the Assam Panchayat (Constitution) Rules, 1995 read with Section 111(2)(a) of the Assam Panchayat Act, 1994. Shri S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department as well as Shri N. Goswami, learned State Counsel have however contended that the petitioners were neither the contesting candidates and that apart are not even voters of the ward in question from which the respondent no. 8 has been elected. At this stage, the learned counsel for the petitioner submits that he may be allowed to withdraw this writ petition with a liberty that the challenge may be made by appropriate person. The writ petition is accordingly dismissed on withdrawal with a liberty, as prayed for. JUDGE Comparing Assistant