Page No.# 1/5 GAHC010044562026 2026:GAU-AS:3948- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/764/2026 JESMINA KHATUN W/O- SADDAM HUSSAIN, R/O. VILL- TAKIMARI NATHANTHONGA, P.O. TAKIMARI, P.S.- LAKHIPUR, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 6 2:THE DISTRICT COMMISSIONER GOALPARA P.O.- BALADMARI GOALPARA ASSAM. 3:THE ADDL DISTRICT COMMISSIONER MAGISTRACY BRANCH GOALPARA P.O.- BALADMARI GOALPARA ASSAM. 4:ASSTT COMMISSIONER GOLAPARA P.O.- BALADMARI GOALPARA ASSAM. 5:CHIEF EXECUTIVE OFFICER Page No.# 2/5 ZILLA PARISHAD GOALPARA ASSAM 6:BLOCK DEVELOPMENT OFFICER JALESHWAR GOALPARA ASSAM 7:CHILD DEVELOPMENT PROTECTION OFFICER LAKHIPUR ICDS PROJECT LAKHIPUR GOALPARA ASSAM 8:ALI HUSSAIN S/O- ABU BAKKAR R/O. VILL.- TIAPARA P.O.- TAKIMARI P.S.- LAKHIPUR DISTRICT GOALPARA ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. M I HUSSAIN,R KHA,MR. N ISLAM Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 17.06.2026 The order dated 18.03.2026 passed in the I.A.(Civil) 764/2026, had originally recorded as follows:- "Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. M.I. Hussain, learned counsel for the applicant. Also heard Mr. S.R. Baruah, learned Government Advocate for the State of Assam and Mr. S. Dutta, learned Standing Page No.# 3/5 Counsel for the P&RD. 2. This I.A. has been filed by the applicant, who was the original writ petitioner in WP(C) No. 4683 of 2025, which was disposed of by an order dated 04.12.2025. This Court had set aside the order dated 16.07.2025 passed by the Deputy Commissioner, Goalpara, whereby the petitioner was removed from the post of Gaon Panchayat Member of Ward No. 1, Nathongdonga Tiapara Takimari Haguripara Gaon Panchayat in the district of Goalpara. The consequential corrigendum dated 19.07.2025, insofar as it related to the petitioner, was also interfered with. 3. This Court had further granted liberty to the District Commissioner, Goalpara, to proceed with the enquiry, if so deemed fit, regarding the allegations levelled against the petitioner in accordance with law. However, such enquiry was required to be concluded within a period of six weeks from the date of the order. 4. The order was passed on 04.12.2025 and, therefore, the period of six weeks elapsed in January, 2026. It has been stated at the Bar that no action has been taken to continue the enquiry against the petitioner. 5. Mr. S.R. Baruah, learned Government Advocate for the State of Assam and Mr. S. Dutta, learned Standing Counsel for the P&RD, have submitted that in a subsequent judgment of this Court in WP(C) No. 7351/2025, it has been held that the Deputy Commissioner would have no power to interfere with the election of Gaon Panchayat Members. On that basis, it is contended that the Deputy Commissioner could not continue the enquiry, notwithstanding the liberty granted by this Court. 6. This Court finds that, in any view of the matter, the order passed by the Deputy Commissioner was not sustainable in law and had already been set Page No.# 4/5 aside by this Court. Furthermore, the respondents have submitted that no enquiry is now proposed against the petitioner. In such circumstances, the prayer of the petitioner to be allowed to forthwith take charge as a Member of the Nathongdonga Tiapara Takimari Haguripara Gaon Panchayat in the district of Goalpara deserves to be considered and addressed by the respondent authorities. 7. Accordingly, the respondent authorities are directed to take immediate steps to make arrangements for the petitioner to assume charge of the post of Gaon Panchayat Member of Nathongdonga Tiapara Takimari Haguripara Gaon Panchayat, if there is no other legal impediment, Including any restriction arising out of the Model Code of Conduct, if in force. 8. I.A. accordingly disposed of." 2. This order has been recalled only on the ground that the observations made and directions given by this Court at paragraph nos.6 and 7 of the interlocutory application were not in consonance with the prayers made in the interlocutory application. The prayers made in the interlocutory application were for directions to the Deputy Commissioner, Goalpara to strictly carry out the inquiry directed vide order dated 04.12.2025 passed in WP(C) 4683/2025 within a timeframe. 3. On 18.03.2026, a submission was made before this Court that by the learned Govt. Advocate Mr. S.R. Baruah and Mr. S. Dutta, learned Standing Counsel for the P&RD Department that the subsequent to the judgment of this Court in WP(C) 7351/2025, the Deputy Commissioner would have no power to interfere with the election matters of Gaon Panchayat members. Page No.# 5/5 4. It was submitted that the Deputy Commissioner, could not continue with the inquiry against the writ petitioner notwithstanding the liberty granted by this Court vide order dated 04.12.2025. 5. In view of the above, the prayers made in the interlocutory application to the extent that the District Commissioner, Goalpara, the required to carry out the inquiry directed by the order dated 04.12.2025 within a timeframe cannot be granted by this Court, since the District Commissioner has now been held to be devoid of any powers to interfere with the election of the Gaon Panchayat members. 6. Accordingly, no orders are required to be passed in I.A. (C) No.764/2026 granting the prayer made therein. 7. The disposal of this I.A. shall not affect the liberty of the petitioner/applicant to approach the appropriate forum and seek appropriate relief in accordance with law. 8. With the above observation, this I.A. (civil) No.764/2026 stands disposed of. JUDGE Comparing Assistant