Page No.# 1/4 GAHC010044562026 undefined 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 ZILLA PARISHAD Page No.# 2/4 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 18.03.2026 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 Counsel for the P&RD. 2. This I.A. has been filed by the applicant, who was the original writ petitioner Page No.# 3/4 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 aside Page No.# 4/4 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. JUDGE Comparing Assistant