Page No.# 1/6 GAHC010280432025 2025:GAU- AS:17586-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/411/2025 SRI DIGANTA SAIKIA AND 3 ORS MEMBER, WARD NO.1 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF LATE SONARAM SAIKIA VILL-GHILADHARI MUKH, PO- TEWARIPAL PS-SOOTEA, DIST-BISWANATH ASSAM PIN-784175 MOBIL- 9101757387 2: RAJIV MISRA MEMBER WARD NO.2 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF KHAGEN MISHRA VILLAGE-ADABHETI PO-TEWARIPAL PS-SOOTEA DIST-BISWANATH ASSAM PIN-784175 MOBILE-9101787472 3: GAHUR ALI MEMBER WARD NO.3 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF ABDUL RAHIM VILLAGE-NO.2 ADAVETI PO-TEWARIPAL PS-SOOTEA DIST-BISWANATH ASSAM PIN-784175 MOBILE-7663002425 4: SAMSUL ISLAM MEMBER WARD NO.7 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF SAHAJAL HAQUE VILLAGE-NA ADAVATI KALAKATI NO.1 PO-TEWARIPAL PS-SOOTEA DISTRICTBISWANATH ASSAM PIN-784175 MOBILE-910108663 VERSUS BURHAN ALI AND 13 ORS Page No.# 2/6 MEMBER, WARD NO.9 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF MD. ABDUL KADER VILLAGE-KALAKATI, PO-TEWARIPAL PS- SOOTEA, DISTRICT-BISWANATH, ASSAM, PIN-784175 2:MOFIDA KHATUN MEMBER WARD NO.6 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF ABDUL KASEM VILLAGE-BAKRRAPATTA PO-BAKRRAPATTA PS-SOOTEA DISTRICT-BISWANATH ASSAM, PIN-784175 3:HASINA KHATUN MEMBER WARD NO.4 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF AMJAD ALI VILL-NO.2 ADAVETI PO-TEWARIPAL PSSOOTEA, DISTRICT-BISWANATH ASSAM PIN-784175 4:NURJAHAN BEGUM MEMBER WARD NO.5 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF ABDUL KARIM VILL-NO.2 ADAVETI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM, PIN-784175 5:AJIRON KHATUN MEMBER WARD NO.8 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF SAFIKUL ISLAM VILL-UTTAR KALAKATI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM, PIN-784175 6:AMINA KHATUN MEMBER WARD NO.10 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF SAMSHUL ISIAM VILL-NO.2 BHOJMARI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM, PIN-784175 Page No.# 3/6 7:THE STATE OF ASSAM REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI781006 8:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM GUWAHATI781037 9:THE DISTRICT COMMISSIONER BISWANATH DISTRICT-BISWANATH ASSAM PIN784176 10:THE CHIEF EXECUTIVE OFFICER BISWANATH ZILLA PARISHAD PO PS-BISWANATH DISTRICT-BISWANATH ASSAM PIN784176 11:THE BLOCK DEVELOPMENT OFFICER BISWANATH DEVELOPMENT BLOCK -CUMEXECUTIVE OFFICER AND SECRETARY BISWANATH ANCHALIK PANCHAYAT BURIGANG POBURIGANG PS-BISWANATH DISTRICTBISWANATH ASSAM PIN-784176 12:THE AUTHORIZED OFFICER OF FIRST MEETING HELD ON 27.06.2025 FOR OATH TAKING AND ELECTION OF PRESIDENT AND VICE-PRESIDENT OF 14 NO GILADHARI MUKH GAON PANCHAYAT DISTRICT-BISWANATH ASSAM PIN-784176 13:THE SECRETARY 14 NO GILADHARI MUKH GAON PANCHAYAT KARAYANI TEWARIPAL PS-SOOTEA DISTRICTBISWANATH ASSAM PIN- 78417 Page No.# 4/6 For the appellant/petitioner(s) : Mr. M. K. Hussain, Advocate For the Respondent(s) : Mr. S. Dutta, SC, PNRD Ms. R. B. Bora, Jr. GA, Assam – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 18.12.2025 (Ashutosh Kumar, CJ) This appeal has been preferred challenging the judgment dated 08.12.2025, passed by a learned Single Judge of this Court in WP(C) No. 5918/2025. One Burhan Ali (writ petitioner) was elected as the President of the concerned Gaon Panchayat. Two Members of the concerned Gaon Panchayat filed representation before the District Commissioner, Biswanath, challenging the afore-noted election of Burhan Ali on the ground that on the day when Burhan Ali was elected as President, there were no sufficient number of Members present and voting. The afore-noted election of Burhan Ali was cancelled by the District Commissioner, Biswanath, vide order dated 10.09.2025 holding that the meeting in which the election was held, was non-quorate. This order of the District Commissioner, Biswanath, was put to challenge by Burhan Ali by filing WP(C) No. 5918/2025, which challenge was sustained and the order of cancellation dated 10.09.2025 was set aside and Burhan Ali was allowed to function as the President of the concerned Gaon Panchayat. We have heard Mr. M. K. Hussain, learned counsel for the appellant; Page No.# 5/6 Mr. S. Dutta, learned Standing Counsel, PNRD, and Ms. R.B. Bora, learned Government Advocate, Assam, for the respondents. The records reveal that there were 6 (six) Members present out of total 10 (ten) Members of the concerned Gaon Panchayat. Rule 46(3) of the Assam Panchayat (Constitution) Rules, 1995 (hereinafter referred to as “Rules of 1995”), specifically provides that if one-third or more of the total number of 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 this behalf, shall 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. Perforce, the provision of Rule 46(3) is to be read along with Section 18 of the Assam Panchayat Act, 1994 (hereinafter referred to as “Act of 1994”), which provides the quorum and the procedure of the meeting of the Gaon Panchayat. According to Section 18 of the Act of 1994, the quorum for a meeting of the Gaon Panchayat shall be one-third of the total number of Members. Rule 46(3) and Section 18 do not run counter and for any meeting of a Gaon Panchayat, the quorum would be one-third of the total Members. In the present case, in a 10 (ten) Membered Gaon Panchayat, the first meeting was held on notice, where 6 (six) Members were present making it sufficiently quorate for the Members to go ahead with the Page No.# 6/6 election process. It was only then Burhan Ali was elected as the President. The decision of the District Commissioner, Biswanath, cancelling the proceedings of the meeting and interfering with Burhan Ali having become the President of the Gaon Panchayat was absolutely improper. Precisely for this reason, the learned Single Judge set aside the decision of the District Commissioner, Biswanath, cancelling the election of Burhan Ali as the President of the concerned Gaon Panchayat. The argument urged on behalf of the appellant, that the learned Single Judge erred in point of law in conflating the provisions of Section 18 of the Act of 1994 with Rule 46(3) of the Rules of 1995, is misconceived. Under Rule 46(3), no election could be held if one-third quorum was not complete and, in the present case, the quorum was 4(four) in the ten- Membered Panchayat. Admittedly, 6 (six) Members were present at the time of election of the President. We are in perfect agreement with the judgment of the learned Single Judge on the issue of quorum. We thus find no merits in this appeal and, accordingly, it is dismissed. JUDGE CHIEF JUSTICE Comparing Assistant