Page No. 1/5 GAHC010193582025 2025:GAU-AS:16460 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5087/2025 RANU BABU DAS AND 2 ORS. S/O LATE ASHUTOSH DAS VILL- JAMIRA PART-IV, P.S. RAMNATHPUR, P.O. JAMIRA BAZAR, DIST. HAILAKANDI, PIN-788162 2: ABDUL KALAM MAZUMDER S/O LATE MAYOR ALI MAZUMDER VILL- NANDAGRAM NC PART-II P.O. SULTANICHERRA P.S. RAMNATHPUR DIST. HAILAKANDI ASSAM PIN-788162 3: SHYAMSUL HOQUE S/O SARIF ALI LASKAR VILL- JAMIRA PART-III P.O. JAMIRA BAZAR P.S. RAMNATHPUR DIST. HAILAKANDI PIN-78816 VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE ASSAM STATE ELECTION COMMISSION TO BE REP. BY THE SECRETARY ASSAM STATE ELECTION COMMISSIONER PANJABARI GUWAHATI- 37. Page No. 2/5 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWAHATI-37. 4:THE DISTRICT COMMISSIONER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI PIN-788151. 5:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARIAD HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM PIN-788151. 6:THE BLOCK DEVELOPMENT OFFICER LALA DEVEVELOPMENT BLOCK LALA P.O. AND 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:SHRI MUSTAQUE AHMED CHOUDHURY S/O MANIR UDDIN CHOUDHURY VILL- JAMIRA PART-III P.O. JAMIRA BAZAR P.S. RAMNATHPUR DIST. HAILAKANDI ASSAM PIN-78816 Advocate for the Petitioner : MR. R A CHOUDHURY, MR. H ISLAM Advocate for the Respondent : GA, ASSAM, MR. M ALOM (R-8),MRS. S Y AHMED (R-8),MS. F H AHMED (R-8),MR. M K HUSSAIN (R-8),SC, ASEC,SC, P AND R.D. Page No. 3/5 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 01.12.2025 Heard Mr. R.A. Choudhury, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 3, 5, 6 & 7; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent no. 4; and Mr. M. Alom, learned counsel for the respondent no. 8. 2. The three petitioners have claimed that their names are enrolled as Voters for the Assam Panchayat General Election, 2025 as inhabitants of areas within Ward no. 4 of No. 61 Jamira Gaon Panchayat. The respondent no. 8 was a candidate who submitted nomination paper for his election as a Ward Member from Ward no. 4 of No. 61 Jamira Gaon Panchayat in the said Assam Panchayat General Election, 2025. After his nomination paper was accepted, the respondent no. 8 contested in the election and was declared elected as a Ward Member. Subsequently in the first meeting of the Gaon Panchayat, held on 08.07.2025, he was also elected as the President of No. 61 Jamira Gaon Panchayat. 3. The petitioners have contended that the respondent no. 8 suffers disqualification from being elected either as a Member or as a President or to remain as Member or President of a Gaon Panchayat as he lacks the qualification laid down in Section 111[2][a] and Section 111[2][f] of the Assam Panchayat Act, 1994, as amended. Agitating such claim, the petitioners have stated that they had already submitted complaints before the respondent no. 4 on 27.06.2025 and on 11.08.2025 respectively seeking disqualification of the respondent no. 8 and for his consequential removal from the post of President and also as a Ward Member of No. 61 Jamira Gaon Panchayat. As the complaints filed by the petitioners are not given consideration by the respondent no. 4 till date, the petitioners, aggrieved thereby, have approached this Court by the instant writ petition seeking inter-alia a direction to the respondent no. 4 to dispose of the complaints, dated 27.06.2025 and dated 11.08.2025. Page No. 4/5 4. The provisions of Rule 62 of the Assam Panchayat [Constitution] Rules, 1995, as amended, have laid down the conditions and procedure of disqualification under sub-section [2] of Section 111 of the Assam Panchayat Act, as amended. Sub-rule [f] of Rule 62[1] has provided for the conditions and procedure of disqualification under Section 111[2][a] of the Assam Panchayat Act, 1994, as amended, if the complaints are with regards to more than two living children from single or multiple partners, which is the main allegation leveled by the petitioners in their complaints against the respondent no. 8. 5. Mr. Dutta, learned Standing Counsel, P&RD Department; Mr. Handique, learned Junior Government Advocate, Assam; and Mr. Alom, learned counsel for the respondent no. 8 have submitted since the petitioners have already filed their complaints on 27.06.2025 and 11.08.2025 and the respondent no. 4 has the authority and jurisdiction to examine the matter and to remove of an elected President or Member of a Gaon Panchayat on establishment of fact that the Member of a Gaon Panchayat has more than two living children, this writ petition can be disposed of with a direction to the respondent no. 4 to decide the complaints after affording reasonable opportunity of being heard to the all the stakeholders including the petitioners and the respondent no. 8, if the complaints lodged have not yet been disposed of. 6. Having gone through the provisions contained in Section 111[2] read with Rule 62[1] [f] and Rule 62[4][c] of the Assam Panchayat [Constitution] Rules, 1995, it is noticed that the District Commissioner has been vested with the power, authority and jurisdiction to decide on a complaint with the nature of allegation as have leveled by the petitioners in their afore- mentioned complaints against the respondent no. 8. 7. In the above fact situation obtaining, this writ petition is disposed of with a direction to the respondent no. 4 to take the complaints submitted by the petitioners on board for consideration and after affording due opportunity of being heard to all the stakeholders, shall decide the same by way of a speaking order. It is accordingly ordered. It is further observed that the speaking order is to be passed as expeditiously as possible and the same must be within an outer limit of one month from the date of submission of a certified copy of this order by the petitioners at the office of the respondent no. 4. Page No. 5/5 8. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant