Page No.# 1/6 GAHC010164062025 2025:GAU-AS:16426 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4505/2025 NASRIN FARUKI AND ORS WARD MEMBER WARD NO. 5 40 NO DHUMKURA GAON PANCHAYAT W/O HABIBIR RAHMAN VILL CHUTIA GOAN PO DHUMKURA PS LAHARIGHAT DIST MORIGAON ASSAM PIN 782127 2: MOHIBUR RAHMAN WARD MEMBER WARD NO. 8 40 DHUMKURA GAON PANCHAYAT S/O LT AFAZ UDDIN VILL PAMBORI PO DHUMJURA PS LAHARIGHAT DIST MORIGAIN ASSAM PIN 782127 3: MULIKA KHATUN WARD MEMBER WARD NO. 3 40 NO. DHUMKUWA GAON PANCHAYAT W/O SOHIDUL ISLAM VILL CHENIMARI PO DHUMKURA PS LAHARIGHAT DIST MORIGAON ASSAM PIN 782127 4: NARJINA BEGUM WARD MEMBER WARD NO. 1 40 NO. DHUMKURA GAON PANCHAYAT W/O SHAJAHATI ALI VIL CHENIMARI PO DHUMKURA PS LAHARIGHAT DIST MORIGAON ASSAM PIN 78212 VERSUS THE STATE OF ASSAM AND ORS REP BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT DISPUR GUWAHATI 781006 2:THE ASSAM STATE ELECTION COMMISSION REP BY THE SECRETARY PANJABARI GUWAHATI ASSAM PIN 781037 3:THE DISTRICT COMMISSIONER MORGAON PO AND PS MORIGAON DIST MORIGAON ASSAM PIN 782105 Page No.# 2/6 4:THE CHIEF EXECUTIVE OFFICER MORIGAON ZILLA PARISHAD PO AND PS AND DIST MORIGAON ASSA PIN 782105 5:THE CO DISTRICT COMMISSIONER LAHARIGHAT CO DISTRICT PO AND PS LAHARIGHAT DIST MORIGAON ASSAM PIN 782127 6:THE AUTHORIZED OFFICER FIRST MEETING HELD ON 12.07.2025 OF 40 NO. DHUMKUA GAON PANCHAYAT C/O O/O THE DISTRICT COMMISSIONER MORIGAN PO PS AND DIST MORIGAN ASSAM PIN 782105 7:THE EXECUTIVE OFFICER LAHARIGHAT DEVELOPMENT BLOCK PO AND PS LAHARIGAHT DIST MORIGAN ASSAM PIN 782127 8:THE SECRETARY 40 NO. DHUMKURA GAON PANCHAYAT PO DHUMKURA PS LAHARIGAHT DIST MORIGAN ASSAM PIN 782127 9:NAZIMA YEASMIN BEGUM WARD MEMBER WARD NO 4 40 NO. DHUMKURA GAON PANCHAYAT W/O NURUL AMIN VILL ROUMARI PO DHUMKURA PS LAHARIGHAT DIST MORIGAN ASSAM PIN 782127 10:NAJIRUL ISLAM WARD MEMBER WARD NO 2 40 NO. DHUMKURA GAON PANCHAYAT S/O ABDUL AZIZ VILL CHENIMARI PO DHUMKURA PS LAHARIGAHT DIST MORIGAN ASSAM PIN 782127 11:SADIQUL ISLAM WARD MEMBER WARD NO 10 40 NO. DHUMKURA GAON PANCHAYATS/O ABUL HASIM VILL CHUTIA PO DHUMKURA PS LAHARIGAHT DIST MORIGAN ASSAM PIN 782127 12:KULSUMA KHATUN WARD MEMBER WARD NO 7 40 NO. DHUMKURA GAON PANCHAYAT W/O LT ABBAS ALI VILL CHUTIA PS LAHARIGAHT DIST MORIGAN ASSAM PIN 78212 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A M AHMED,B DAS,P. GHOSH Advocate for the Respondent : SC, P AND R.D., MR M H AHMED (R9, R10, R12),MS A HUSSAIN (R-11),R BEGUM (R-11),H G DAISY (R-11, R12),MR N ZAMAN (R9, R10, R12, R-11),GA, ASSAM,SC, ASEC Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 01.12.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A.M. Ahmed, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for the respondent nos. 1, 4, 7 & 8; Ms. A.B. Kayastha, learned counsel representing Mr. R. Dubey, learned Standing Counsel, Assam Stated Election Commission for the respondent no. 2; Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 3, 5 & 6; and Mr. M.H. Ahmed, learned counsel for the respondent nos. 9, 10, 11 & 12. 2. Pursuant to Notification dated 02.04.2025 issued by the Assam State Election Commission, the general election to the Panchayat in Assam was held in two phases on 02.05.2025 and 07.05.2025 respectively. The election for the Gaon Panchayat constituencies of 40 no. Dhumkura Gaon Panchayat, District – Morigaon was held on 07.05.2025. After counting on 11.05.2025, winning certificates were issued by the respondent no. 3 on 20.05.2025. The four petitioners and the respondent nos. 9-12 were candidates from different constituencies of 40 no. Dhumkura Gaon Panchayat, who were declared elected as Gaon Panchayat Ward Members on 20.05.2025. 3. By a Notification dated 16.06.2025, the respondent no. 3 authorized the officials named therein to administer oath of affirmation to the elected Gaon Panchayat Ward Members and to conduct the election of President and Vice-President of the concerned Gaon Panchayats. In so far as 40 no. Dhumkura Gaon Panchayat is concerned, the Circle Officer, Laharighat Revenue Circle was the official authorized to do so by the Notification dated 16.06.2025 at the Office of the Laharighat Revenue Circle on 23.06.2025. 4. But the first meeting so scheduled on 23.06.2025, was not held. By a subsequent notification dated 03.07.2025, the respondent no. 3 again notified the first meeting of 40 no. Dhumkura Gaon Panchayat on 10.07.2025 to administer oath of affirmation to the elected Page No.# 4/6 Gaon Panchayat Ward Members and to conduct the election of the President and Vice- President authorizing Co-District Commissioner, Laharighat Co-District as the Officer authorized to do so. The notification mentioned the swearing in would take place at 11-00 a.m. 5. It is the case of the petitioners as well as the official respondents and the private respondents that on 10.07.2025, only four of the elected Gaon Panchayat Ward Members attended at the venue fixed for the first meeting of the Gaon Panchayat. It is also an admitted position that on that day, the authorized official administered oath of affirmation to those four Gaon Panchayat Ward Members and also held election for electing the President and Vice-President of 40 no. Dhumkura Gaon Panchayat and the respondent no. 9 and the respondent no. 10 had been declared as the President and the Vice-President respectively. 6. From the Notification dated 03.07.2025 itself, it is evident that the meeting called on 10.07.2025 was the first meeting of the Gaon Panchayat as per sub-Section [3] of Section 6 of the Assam Panchayat Act, 1994, as amended, read with sub-Rule [3] of Rule 46 of the Assam Panchayat [Constitution] Rules, 1995, as amended, which read as under :- 6. [3] The District Commissioner or an officer authorized by the District Commissioner shall call a meeting of the Gaon Panchayat [which shall be hereinafter called as the first meeting of the Gaon Panchayat] for election of a President and a Vice-President respectively from amongst the elected members of Gaon Panchayat. The District Commissioner shall preside over the meeting in the manner prescribed. The District Commissioner may delegate power to preside over such meeting to any Gazetted Officer serving in the district. 46. [3] If one third or more of the total number of members called to the meeting under sub-rule [1] are not present within an hour of the time fixed for the meeting, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, or the Officer empowered in this behalf, shall adjourn the meeting pending fixation of another date by the Deputy Commissioner of Page No.# 5/6 the Sub-Divisional Officer as the case may be, not later than fifteen days of such meeting. 7. 7. It is the contention of the petitioners that as per sub-rule [3] of Rule 46, if in the first meeting of a Gaon Panchayat, one third or more of the total number of Ward Members called to the meeting are not present within an hour of the time fixed for the meeting the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, or the Officer empowered in that behalf, has no other option but to adjourn the meeting pending fixation of another date by the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, not later than fifteen days of such meeting. It is the further contention of the petitioners that in the meeting called on 10.07.2025, only four elected Gaon Panchayat Ward Members were present whereas for 40 no. Dhumkura Gaon Panchayat, there were total ten nos. of elected Gaon Panchayat Ward Members. Therefore, one third would mean four. As in the meeting called on 10.07.2025, more than four Members were absent, the authorized officer ought to have adjourned the meeting, instead of administering oath of affirmation and electing the President and the Vice-President of 40. No. Dhumkura Gaon Panchayat. 8. It is submitted that the petitioners have already preferred an application before the respondent no. 3 under Section 11 of the Assam Panchayat Act, 1994, as amended, assailing the validity of the election of the respondent no. 9 and the respondent no. 10 as the President and Vice-President of 40 no. Dhumkura Gaon Panchayat. As the said application has not yet been decided, the petitioners are before this Court. 9. Section 11 of the Assam Panchayat Act, 1994, as amended, has laid down that any dispute relating to the validity of the election of the President and the Vice-President of the Gaon Panchayat under the Assam Panchayat Act, 1994, as amended, shall be decided by the jurisdictional District Commissioner. As the application raising the dispute regarding the validity of the election of the Panchayat for President and Vice-President of 40 no. Dhumkura Gaon Panchayat is stated to be pending before the respondent no. 3 for consideration as on date, the writ petition is disposed of with a direction to the respondent no. 3 to take the said application on board to dispose of the application upon due consideration on merits, after giving due opportunity of being heard to all the stakeholders, in accordance with law as Page No.# 6/6 expeditiously as possible. 10. Mr. Roy, learned Junior Government Advocate, Assam has submitted that a period of 15 [fifteen] days will be a reasonable time period for the respondent no. 3 to dispose of the application under Section 11 of the Assam Panchayat Act, 1994, as amended. 11. In view of the same, it is directed that after putting all the stakeholders on notice and after giving them an opportunity of hearing, the respondent no. 3 shall decide the application under Section 11 of the Assam Panchayat Act, 1994, as amended, as regards the dispute relating to validity of election of the Respondent no. 9 and the respondent no. 10 as the President and the Vice-President of 40 no. Dhumkura Gaon Panchayat, within a period of 15 [fifteen] days from the date of submission of the certified copy of this order by the petitioners at his Office. It is made clear that the observations made above are not to be construed as observations on merits on the claims of any of the parties. 12. This order disposes of the writ petition. No cost. 13. The documents placed by Mr. Roy are kept with the case record by marking it as Document ‘X’. JUDGE Comparing Assistant