Page No.# 1/5 GAHC010002772026 2026:GAU-AS:5855 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/162/2026 HAYAT AII SON OF MOJBUL HOQUERESIDENT OF VILLAGE-GAROJAN, POSIMLABARI, PS-LAKHIPUR, DISTRICTGOALPARA ASSAM, PIN-783101 VERSUS THE DISTRICT COMMISSIONER GOALPARA AND 4 ORS GOALPARA, P.O. AND P.S. GOALPARA, DIST. GOALPARA, ASSAM, POIN 783101 2:THE DIST. RETURNING OFFICER GOALPARA PANCHAYAT ELECTION 2025 P.O. AND P.S. GOALPARA DIST. GOALPARA ASSMA PIN 783101 3:THE ADDITIONAL DIST. COMMISSIONER GOALPARA P.O. AND P.S. GOALPARA DIST. GOALPARA ASSAM PIN 783101 4:THE AUTHORIZED OFFICER PANCHAYAT ELECTION 2025 C/O OFFICE OF THE DIST. COMMISSIONER GOALPARA P.O. AND P.S. GOALPARA DIST. GOALPARA ASSAM PIN 783101 Page No.# 2/5 5:KADAM ALI S/O RIAJUDDIN R/O VILL. GAROJAN P.O. SIMLABARI P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN 78310 Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : GA, ASSAM, R C ALOM(R-5),B PARASHAR(R-5),M RAHMAN(R-5),MR P BHARDWAJ(R-5) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 28-04-2026 Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned State counsel appearing for respondent Nos. 1 to 4 and Mr. P. Bhardwaj, learned counsel appearing for respondent No. 5. 2. The instant writ petition has been filed by the petitioner challenging the impugned order dated 23.12.2025, passed in Misc. (Election) Case No. 01/2025 by the learned District Judge-cum-Panchayat Election Tribunal, Goalpara, whereby it was held that recounting of the votes is necessary with a further direction to the District Commissioner, Goalpara to produce the ballot papers of the election of GP Member of Unit No. 08 of Gorajan (Ka), Simlabari GP, under sealed trunks to facilitate recounting of votes on or before the next date fixed, i.e., 19.01.2026. 3. The case of the petitioner is that the petitioner along with 3 (three) other Page No.# 3/5 contesting candidates, submitted their respective nominations for the post of Ward Member from Ward No. 08 of Somlabari Gaon Panchayat (in short, “G.P.”) and upon scrutiny, the names of the valid contesting candidates were published on 17.04.2025, wherein the name of the petitioner appeared. Polling was held on 07.05.2025 and the process was completed on 12.05.2025, where after, the petitioner was declared the winning candidate, having secured 365 votes. In terms of the aforesaid election, the District Commissioner, Goalpara issued the Return of Election on 12.05.2025 as per the mandate of Rule 44(5) of the Assam Panchayat (Constitution) Rules, 1995. 4. It is the further case of the petitioner that the respondent No. 5, namely Shri Kadam Ali, who was also a contesting candidate for Ward No. 08, approached the learned District Judge-cum-Panchayat Election Tribunal, Goalpara (hereinafter referred to as the “learned Tribunal”) by filing an election petition, being Misc. (Election) Case No. 01/2025 on 14.05.2025, praying for recounting of ballots and for setting aside the election of the petitioner. 5. The election petition was admitted on 20.05.2025 and is presently pending before the aforesaid Panchayat Election Tribunal. While hearing the matter on preliminary objection, the learned Tribunal, on 23.12.2025, passed the impugned order, wherein the following directions were issued: "Since question of error in declaration of the result of the above Panchayat Election has arisen in this case, in my opinion, recounting of votes is necessary. Hence, the District Commissioner, Goalpara is directed to produce the ballot papers of the election G.P. Member of Unit No.08 of Garojan (Ka), Simlabari GP before this court, under sealed trunks, to facilitate this court for recounting of votes on or Page No.# 4/5 before the next date. Fix 19.01.2026 for ballot papers." 6. Mr. A. Ahmed, learned counsel for the petitioner, submits that by passing the aforesaid impugned order dated 23.12.2025, the learned Tribunal has erred in law, as the settled position of law is that no such interim order could have been passed by the learned Tribunal in the instant case, as the election petition is yet to be finally heard. In this connection, he refers to the case of Smti. Purabi Borah Das vs. Smti. Kiran Saikia and Others, decided by the Gauhati High Court on 06.10.2016 in WP(C) No. 6309/2016 and the case of Taijul Islam vs. Enamul Hussain and Others, decided by the Gauhati High Court on 23.07.2025 in WP(C) No. 4026/2025. 7. By relying on the aforesaid cases, Mr. Ahmed, learned counsel, submits that it has been clearly held by this Court that recounting of votes can be ordered only under very specific circumstances and those specific circumstances have been laid down by this Court in the case of Smti. Purabi Borah Das (supra). 8. While relying on the case of Taijul Islam (supra), Mr. Ahmed, learned counsel for the petitioner, further submits that the learned Tribunal is a statutory authority created to decide certain disputes and as per the settled law, the learned Tribunal has not been conferred with the power to grant any interim orders. 9. In view of the aforesaid submissions, the learned counsel appearing for the petitioner submits that the instant case is squarely covered by the ratio laid down in the aforesaid decisions. 10. Mr. P. Bhardwaj, learned counsel appearing for respondent No. 5, has fairly submitted that the order impugned in the instant case cannot be sustained in Page No.# 5/5 view of the settled law laid down by the Hon’ble Gauhati High Court as well as the Hon’ble Supreme Court. In view of the aforesaid, he submits that he would like to concede in the matter and that the prayer sought for may be granted to the petitioner. 11. Taking into account the aforesaid submission of the learned counsel appearing for the respondent, this Court does not consider it necessary to go into the details of the facts as well as the merits of the case at this stage. 12. In view of the aforesaid, the instant writ petition is allowed by quashing and setting aside the impugned order dated 23.12.2025, passed by the learned District Judge-cum-Panchayat Election Tribunal, Goalpara. 13. Needless to say, the proceedings before the learned Tribunal in Misc. (Election) Case No. 01/2025 shall go ahead and the matter shall be decided in accordance with law. 14. In terms of the aforesaid direction, the instant writ petition is disposed of as allowed. JUDGE Comparing Assistant