Page No.# 1/4 GAHC010261742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6990/2025 SMTI TAJMINARA SULTANA AND ANR WIFE OF MAHMUDUL HASSAN, RESIDENT OF VILLAGE KATHALBARI, PS MANKACHAR ,PO PURANDIARA, DISTRICT SOUTH SALMARA MANKACHAR, ASSAM, PIN 783135 2: MD MAHMUDUL ISLAM SON OF LATE FOLA ROBBANI RESIDENT OF VILLAGE KATHALBARI PO PURANDIYARA PS MANKACHAR DISTRICT SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM AND ORS REPESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI 781006 2:THE COMMISSIONER TO THE GOVT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI ASSAM 3:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR DISTRICT HATSINGIMARI ASSAM PIN 783135 Page No.# 2/4 4:THE SUB DIVISIONAL OFFICER SOUTH SALMARA MANKACHAR DISTRICT HATSINGIMARI ASSAM PIN 783135 5:SMTI AKLIMA KHATUN PRESIDENT NO.19 KATHALBARI GAON PANCHYAT VILLAGE KATHALBARI BLOCK FEKAMARI PO PURANDIYARA DISTRICT SOUTH SALMARA MANKACHAR ASSAM PIN 783135 6:ATIMA KHATUN VICE PRESIDENT NO 19 KATHALBARI GAON PANCHAYAT VILLAGE CHARBARI BLOCK FEKAMARI PO PURANDIYARA DISTRICT SOUTH SALMARA MANKACHAR ASSAM PIN 783135 7:SMTI RUPALI BEGOM MUKHYA NYAY SAKHI OFFICE OF KATHALBARI GAON PANCHAYAT VILLAGE CHARBARI BLOCK FEKAMARI PO PURANDIYARA DISTRICT SOUTH SALMARA KANKACHAR ASSAM PIN 78313 For the Petitioner(s) : Mr. R. M. Deka, Advocate For the Respondent(s) : Mr. J. Handique, Jr. GA, Assam : Mr. S. Banik, Sr. Advocate : Ms. F. Begum, Advocate : Mr. S. Dutta, Standing counsel : Mr. M. Das, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 25.08.2026 Heard Mr. R. M. Deka, the learned counsel appearing on behalf of the Petitioners and Mr. S. Dutta, the learned Standing counsel appearing on behalf of the Respondent Nos.1 and 2. I have also heard Mr. J. Handique, the learned Junior Government Page No.# 3/4 Advocate appearing on behalf of the Respondent Nos. 3 and 4; Mr. S. Banik, the learned Senior counsel assisted by Ms. F. Begum, the learned counsel appearing on behalf of the Respondent No.5 and Mr. M. Das, the learned counsel appearing on behalf of the Respondent No.7. 2. The present writ petition has been filed challenging the election of the Respondent Nos. 5 and 6 to the posts of President and Vice President of No.19, Kathalbari Gaon Panchayat in the First Meeting convened on 03.07.2025 as well as for other consequential directions. 3. It is the specific case of the Petitioners that though the meeting was convened on 03.07.2025 but the Petitioners were not informed by issuance of proper notice as is envisaged under Rule 46 of the Assam Panchayat (Constitution) Rules, 1995. 4. On the other hand, it is the specific case of the Respondents that due notice was provided to the Petitioners and the Petitioners very well knew about the meeting and intentionally did not participate. 5. This Court takes note of Section 11 of the Assam Panchayat Act, 1994 as amended vide the Assam Panchayat (Amendment) Act, 2023 wherein it is mandated that any dispute relating to the validity of the election of the President and the Vice Page No.# 4/4 President of the Gaon Panchayat under the Assam Panchayat Act, 1994 shall be decided by the District Commissioner. In the instant case, there are questions of facts to be decided as to whether there was due service upon the Petitioners. 6. This Court has also taken note of that the Petitioners have taken oath on 11.07.2025 and thereupon had approached this Court by filing the present writ petition on 24.11.2025. 7. Taking into account the above, this Court is not inclined to entertain the instant writ petition inasmuch as the Petitioners have an alternative and a efficacious remedy wherein disputed questions of facts as to whether the Petitioners have been duly served a notice or not can be adjudicated. 8. Accordingly, the instant writ petition therefore stands dismissed as not being entertained. 9. Before parting with the records, this Court however, observes that the dismissal of the instant writ petition shall not preclude or prejudice the Petitioners to approach the District Commissioner, South Salmara, Mankachar in terms of Section 11 of the Assam Panchayat Act, 1994. JUDGE Comparing Assistant