TAPAN CHANDRA DAS AND 4 ORS. v. THE STATE OF ASSAM AND 8 ORS.
WP(C)/5806/2025 · 2025-09-25
Kaushik Goswami
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 20023 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 20023 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010221912025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5806/2025 TAPAN CHANDRA DAS AND 4 ORS. S/O- GANESH DAS, VILL- NIZ HASSANG NO. 1, DIST- KAMRUP (RURAL), ASSAM 2: SAHIDUL ISLAM S/O- SIRAJ ALI VILL- TITKUR NO. 1 DIST- KAMRUP RURAL ASSAM. 3: AMAR CHANDRA SWARGIARY S/O- RATAN CHANDRA SWARGIARY VILL- TITKURI NO. 3 DIST- KAMRUP RURAL ASSAM. 4: SUSHILA DEVI W/O- TARUN SARMA VILL- TITAKURI NO.3 DIST- KAMRUP RURAL ASSAM. 5: DIPANJALI DEKA W/O PINAK CH DEKA VILL- TITKURI NO. 2 DIST- KAMRUP RURAL ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06
Page No.# 2/4 2:THE DISTRICT COMMISSIONER KAMRUP RURAL AMINGAON ASSAM. 3:THE CO-DISTRICT COMMISSIONER RANGIA KAMRUP RURAL ASSAM 4:THE CIRCLE OFFICER RANGIA CIRCLE RANGIA KAMRUP RURAL ASSAM 5:NRIPEN CHANDRA DAS S/O- LATE NAGEN DAS VILL- HACHANG NO.2 P.O- MADHUKUCHI DIST- KAMRUP (R) ASSAM PIN-781354 6:RANU BARO W/O- RATIRAM BARO VILL- HACHANG NO.2 P.O- MADHUKUCHI DIST- KAMRUP (R) ASSAM PIN-781354. 7:RESHMA DEKA W/O- BHABESH DEKA VILL- HACHANG NO.1 P.O- MADHUKUCHI DIST- KAMRUP (R) ASSAM PIN-781354 8:HASINA BEGUM W/O- KHAIRUL DEWAN VILL- TITKURI NO.1 P.O-TITKURI DIST- KAMRUP (R) ASSAM PIN- 781354. 9:MANU SWARGIARY
Page No.# 3/4 C/O- KISHAK SWARGIARY VILL- TITKURI NO. 2 P.O- TITKURI DIST- KAMRUP (R) ASSAM PIN-78135 Advocate for the Petitioner : MR. A R BHUYAN, S LASKAR,MR S ABDULLAH,MR N A MAZARBHUIYA,MR N Z CHOUDHURY Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, REVENUE,GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 26.09.2025 Heard Mr. A. R. Bhuyan, learned counsel appearing for the petitioners. Also heard Mr. N. Das, learned counsel appearing for the respondent Nos.2, 3 and 4 and Ms. P. Thapa, learned counsel appearing on behalf of Mr. S. Dutta, learned standing counsel for the P&RD. By way of this petition under Article 226 of the Constitution of India, the petitioners are assailing the election of President and Vice- President of the 96 Haradutta Gaon Panchayat held on 09.07.2025, on the ground that the same is vitiated by gross irregularities, illegalities and violation of statutory safeguards under the Assam Panchayat (Constitution) Rules, 1995, particularly Rule 46(vii). Mr.
A. R. Bhuyan, learned counsel appearing for the petitioners, draws the attention of this court to a complaint alleged to have been filed on 09.07.2025 before the District Commissioner,
Page No.# 4/4 Kamrup (Rural) (respondent No.2) to look into the alleged anomalies in connection with the election for the said post of President and Vice- President. He further refers to section 11 of the Assam Panchayat (Constitution) Rules, 1995, whereunder it is provided that if any disputes relating to the validity of the relaxation of the President and Vice-President of the gaon panchayat occur, the same shall be decided by the Deputy Commissioner. In view of the fact that under section 11 of the Assam Panchayat (Constitution) Rules, 1995, in the event there is a dispute relating to the validity of the election to the post of President and Vice- President of gaon panchayat, the Deputy Commissioner has the power to decide the same, this court deems it appropriate to dispose of this writ petition in the interest of justice at the motion stage itself by directing the Deputy Commissioner to dispose of the said representation dated 08.07.2025 as filed before the respondent No.3, within a period of 6 (six) weeks from the date of receipt of the certified copy of this order. Ordered accordingly. In view of the above, the writ petition stands disposed of. JUDGE Comparing Assistant