Page No.# 1/7 GAHC010181672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4692/2025 RANZUARA BEGUM AND 3 ORS W/O GIYASUDDIN AHMED, R/O VILL- HOWLY MOHANPUR, P.O.- MOWLY MOHANPUR, P.S.- MANGALDAI, DIST- DARRANG, ASSAM, PIN-784529 2: TAFAZUL HOQUE S/O TAIJUDDIN AHMED R/O VILL- KANIACHUBA P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 3: JUMI ARA BEGUM W/O SARIFUL HOQUE R/O VILL- MOLLAPARA P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 4: PAPARI BARUA W/O PRABHAT BARUA R/O NO. 2 BEZPARA P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 5: DIPANKAR HAZARIKA S/O DINESHWAR HAZARIKA R/O NO. 2 BEZPARA Page No.# 2/7 P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-78452 VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DISTRICT COMMISSIONER DARRANG MANGALDAI DIST- DARRANG ASSAM PIN-784125 3:THE CIRCLE OFFICER PUB MANGALDOI REVENUE CIRCLE P.O. AND P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784125 4:FARUK HUSSAIN LAT MANDAL PUB MANGALDOI REV. CIRCLE R/O VILL- HOWLY MOHANPUR P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 5:THE SECREATARY NAGARBAHI GAON PANCHAYAT P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 6:FAIZUR RAHMAN S/O NUR UDDIN AHMED R/O VILL- MOLLAPARA Page No.# 3/7 P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 7:MIRA DEKA W/O SHRI BIJOY DEKA R/O VILL- HOWLY MOHANPUR P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 8:GAYATRI DEVI W/O SHRI BISWAJIT THAKURIA R/O VILL- HOWLY MOHANPUR P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 9:BISWAJIT HAZARIKA S/O LATE CHANDA HAZARIKA R/O VILL- ARENG P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529 10:MARZIN ARA KHANAM W/O ANOWAR HUSSAIN R/O VILL- HENGRAJHAR P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-78452 Advocate for the Petitioner : MR J ABEDIN, MR M Z RAHMAN,MR. K I MAZUMDER Advocate for the Respondent : SC, P AND R.D., MS. J GAYAN(R-4),MR. S BORTHAKUR (R- 4),MR N BARUAH (R-6 TO 10),MRS M D CHOWDHURY (R-6 TO 10),GA, ASSAM Page No.# 4/7 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 10-12-2025 Heard Mr. J. Abedin, learned counsel for the petitioners. Also heard Mr. K. Konwar, learned standing counsel, P&RD Department, Assam appearing for the respondent Nos. 1 & 5, Mr. J. Handique, learned standing counsel, Revenue for the respondent Nos. 2 & 3, Mr. S. Borthakur, learned counsel for the respondent No. 4 and Ms. M.D. Choudhury, learned counsel appearing for the respondent Nos. 6 to 10. 2. The petitioner in the present proceeding has put to challenge a resolution dated 10-07-2025 adopted by the Nagarbahi Gaon Panchayat towards electing the respondent Nos. 9 & 10 as the President and the Vice President of the Gaon Panchayat in a meeting for the purpose conducted by the respondent No. 3, who was authorised for the purpose by the District Commissioner, Darrang, Mangaldai for the purpose. 3. The petitioners in the writ petition have contended that the election of the President and the Vice President of the Nagarbahi Gaon Panchayat stood vitiated on the ground that the respondent No. 3 who was the authorized officer, had involved in the process of the said election an unauthorized person. i.e. the respondent No. 4, who was the Lat Mandal of the area. The petitioners project that the objections raised by them with regard to the presence of the Lat Mandal was not entertained by the respondent No. 3. The learned counsel for the respondent Nos. 9 and 10 had categorically denied the contentions raised by the petitioner in the matter and has submitted that the election was Page No.# 5/7 held in a fair manner and it is only after the petitioner Nos. 3 & 4 failed to garner the requisite number of votes in the election, that they have instituted the present proceeding leveling vague allegations. 4. The learned State counsel by referring to the pleadings brought on record has submitted that the respondent No. 4 was brought to the meeting by the authorized officer, i.e. the respondent No. 3, for the purpose of recording the minutes of the meeting in Assamese. It is further projected that the respondent No. 4, had in no manner participated in the election process and the allegation leveled by the petitioners in the matter are without any substance. 5. The contention raised by the petitioners in the writ petition as well as the submission made by the learned counsel for the parties today on the hearing of the matter, it is evident that the issue arising in the present proceeding pertains to election of the President and the Vice-President of the Gaon Panchayat. A dispute admittedly having arisen with regard to the process of election carried out for the post of the President and the Vice-President, this Court notices that the resolution of the issue is provided for under the provisions of Section 11 of the Assam Panchayat Act, 1994. The provision of Section 11 of the said Act of 1994, being relevant is extracted hereinbelow:- “Section 11: Any dispute relating to the validity of the election of the President and Vice-President of the Gaon Panchayat under this Act shall be decided by the Deputy Commissioner.” A perusal of the said provision would go to reveal that any dispute relating to the validity of election of President and Vice-President under the provision of the Act of 1994 Page No.# 6/7 is to be decided by the jurisdictional District Commissioner. 6. The petitioners, herein, have already approached the District Commissioner by way of submitting an application under Section 11 of the Act of 1994 on 23-07-2025 and the same is pending disposal. However, the petitioners have raised an apprehension with regard to the fairness of such process by projecting that the respondent No. 2, who is to dispose of the application dated 23-07-2025, has sought for a factual report from the respondent No. 3, against whom the petitioner have raised allegation with regard to the manner in which he had conducted the election process. 7. Mr. J. Handique, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondent No. 3, has opposed the said submission and has submitted that the report was called for the purpose of having the views of the respondent No. 3, in the matter, so as to come to a conclusion with regard to the allegation raised by the petitioners in the application filed by them before the respondent No. 2. 8. Be that as it may, without entering into the merits of the matter given the express provisions of Section 11 of the Act of 1994, this Court requires the District Commissioner, Darrang, Mangaldai to take on record the application dated 23-07-2025 submitted by the petitioners under Section 11 of the Act of 1994, and schedule a date for hearing in the matter and issue notices to all the 10 (ten) panchayat members elected to the Nagarbahi Gaon Panchayat, including the petitioners and the respondent Nos. 9 and 10, herein. The District Commissioner shall also issue notices to the authorised officer(s). Such notice shall indicate the schedule date for hearing of the matter. On the schedule date of hearing, on appearance of the parties to the proceeding, the District Commissioner shall Page No.# 7/7 permit the petitioners, as well as the respondent Nos. 9 and 10, to bring on record their evidence both oral and documentary. On such materials coming on record, the District Commissioner shall proceed to consider the same and dispose of the application dated 23-07-2025 preferred by the petitioners by issuing a speaking order. The further steps that would be required to be taken in the matter, if so required, shall be so taken by the jurisdictional District Commissioner in terms of the decision that now would be arrived by him in the matter in terms of the direction passed, hereinabove. 9. The said exercise be carried out and completed by the respondent No. 2 within a period of 03 (three) months from the date of receipt of a certified copy of this order. 10. Any observation made by this Court in the present proceeding touching upon the functioning of the Gaon Panchayat shall not be in force w.e.f. today. 11. With the above observation and directions, the present writ petition stands disposed of JUDGE Comparing Assistant