Page No.# 1/8 vs The State Of Assam And 10 Ors on 6 February, 2026

                                                                 Page No.# 1/8

GAHC010188352025




                                                           2026:GAU-AS:1590

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/4895/2025

         DILOWARA BEGUM AND 5 ORS
         WARD MEMBER, WARD NO. 9, 5 NO. BARUAJHAR GAON PANCHAYAT,
         W/O- BAHARUL ISLAM, VILL.- KAKALBHANGI JOGIGAON, P.O. AND P.S.
         DALGAON, DIST. DARRANG, ASSAM, PIN- 784514.

         2: NAZRUL ISLAM
         WARD MEMBER
         WARD NO. 6
          5 NO. BARUAJHAR GAON PANCHAYAT
          S/O- ABUL HUSSAIN
         VILL.- DOWAR PARA
          P.O. JANGALPARA
         AND P.S. DALGAON
          DIST. DARRANG
         ASSAM
          PIN- 784514.

         3: SAHNAJ PARBIN
         WARD MEMBER
         WARD NO. 8
          5 NO. BARUAJHAR GAON PANCHAYAT
         W/O- IBRAHIM ALI AHMED
         VILL.- KAKALBHANGI JOGIGAON
          P.O. CHAKRABASTI AND P.S. DALGAON
          DIST. DARRANG
         ASSAM
          PIN- 784514.

         4: AKHTARA SARKAR
         WARD MEMBER
         WARD NO. 5
          5 NO. BARUAJHAR GAON PANCHAYAT
         W/O- ABDUR RAFIQUE
         VILL.- SARISABARI
                                                      Page No.# 2/8

P.O. JANGALPARA AND P.S. DALGAON
DIST. DARRANG
ASSAM
PIN- 784514.

5: MARJINA BEGUM
WARD MEMBER
WARD NO. 3
 5 NO. BARUAJHAR GAON PANCHAYAT
W/O- ABDUR ROUF
VILL.- BATABARI
 P.O. CHAKRABASTI AND P.S. DALGAON
 DIST. DARRANG
ASSAM
 PIN- 784514.

6: SHAHNAZ BEGUM
WARD MEMBER
WARD NO. 5 (KA)
 BARUAJHAR
 5 NO. BARUAJHAR GAON PANCHAYAT
W/O- MANZUR HUSSAIN AHMED
VILL.- 5 NO. BARUAJHAR
 P.O. CHAKRABASTI AND P.S. DALGAON
 DIST. DARRANG
ASSAM
 PIN- 784514

VERSUS

THE STATE OF ASSAM AND 10 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT.
OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI, PIN- 781006.

2:THE DISTRICT COMMISSIONER
 DARRANG
 P.O. AND P.S. MANGALDAI
 DIST. DARRANG
ASSAM
 PIN- 784125.

3:THE CHIEF EXECUTIVE OFFICER
 DARRANG ZILLA PARISHAD
 PO. AND P.S. MANGALDOI
 DIST. DARRANG
ASSAM
 PIN- 784125.
                                   Page No.# 3/8


4:THE CO-DISTRICT COMMISSIONER
 DALGAON CO-DISTRICT
 P.O. AND P.S. DALGAON
 DIST. DARRANG
ASSAM
 PIN- 784116.

5:THE CIRCLE OFFICER
 DALGAON REVENUE CIRCLE
 P.O. AND P.S. DALGAON
 DIST. DARRANG
ASSAM
 PIN- 784116.

6:THE EXECUTIVE OFFICER
 BECHIMARI ANCHALIK PANCHAYAT
 P.O. BECHIMARI
 P.S. DALGAON
 DIST- DARRANG
ASSAM
 PIN- 784116.

7:THE SECRETARY
 5 NO. BARUAJHAR GAON PANCHAYAT
VILL.- CHAKRABASTI
 P.O. CHAKRABASTI
 P.S. DALGAON
 DIST. DARRANG
ASSAM
 PIN- 784514.

8:PARBINA YESMIN
WARD MEMBER
WARD NO. 10
 5 NO. BARUAJHAR GAON PANCHAYAT
W/O- ATAUR RAHMAN
VILL.-DALGAON KHUTI
 P.O. AND P.S. DALGAON
 DIST. DARRANG
ASSAM
 PIN- 784116.

9:SAIJ UDDIN AHMED
WARD MEMBER
WARD NO. 2
 5 NO. BARUAJHAR GAON PANCHAYAT
 S/O- OSMAN ALI
                                                                        Page No.# 4/8

             VILL.-NO. 5 BARUAJHAR
             P.O. CHAKRABASTI
             P.S. DALGAON
             DIST. DARRANG
             ASSAM
             PIN- 784514.

            10:ABDUL WAHED
            WARD MEMBER
            WARD NO. 4
             5 NO. BARUAJHAR GAON PANCHAYAT
             S/O- AZIM UDDIN
            VILL.-KAHIBARI
             P.O. JANGALPARA
             P.S. DALGAON
             DIST. DARRANG
            ASSAM
             PIN- 784116.

            11:RANJU ROWSONARA BEGUM
            WARD MEMBER
            WARD NO. 7
             5 NO. BARUAJHAR GAON PANCHAYAT
            W/O- ABDUL HOQUE
            VILL.- JANGALPARA
             P.O. AND P.S. DALGAON
             DIST. DARRANG
            ASSAM
             PIN- 784116

Advocate for the Petitioner   : MR H R A CHOUDHURY, MR. A M AHMED,MS. P GHOSH

Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,A R MONDAL,MR A HAWARI,SC,
P AND R.D.




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

06.02.2026 Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. A. M. Ahmed, learned counsel for the petitioner and Mr. S. Dutta, learned Standing Counsel, P&RD Department, for the respondent Nos. 1, 3, 6 & 7. Also heard Mr. B. Page No.# 5/8

J. Talukdar, learned Additional Senior Government Advocate, Assam, assisted by Mr. P. K. Medhi, learned counsel for the respondent Nos. 2, 4 & 5 and Mr. S. Islam, learned counsel for the respondent Nos. 8 & 9. None appears for the respondent No. 10.

2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for setting aside and quashing the first meeting held on 02.07.2025, of No. 5 Baruajhar Gaon Panchayat, whereby the respondents Nos. 8 & 9 were declared as the President and Vice-President in an illegal and arbitrary manner; and also to issue direction to the respondent No. 2 to cancel, withdraw and/or forebear from giving effect to the impugned first meeting, dated 02.07.2025, whereby the respondents Nos. 8 & 9 were illegally declared as the President and Vice-President, in contravention to the provision of Rule 46(6) of the Assam Panchayat (Constitutional) Rules, 1995 (as amended); and also to issue direction to the respondent No. 2 to hold the first meeting a-fresh for selection/election for the posts of President and Vice-President of No. 5 Baruajhar Gaon Panchayat; and also to issue direction to the respondent No. 2 to consider and decide the representations, dated 02.07.2025 and 14.07.2025, and declare the result of hearing, regarding irregularities in the first meeting, dated 02.07.2025; in a time bound manner.

3. Mr. Choudhury, learned Senior Counsel appearing for the petitioner submits that the respondent Nos. 8, 9, 10 and 11 are the elected Ward Members of No. 5 Baruajhar Gaon Panchayat, in the district of Darrang. He also submits that the District Commissioner, Darrang, being the respondent No. 2, had convened the first meeting of elected Ward Members on 23.06.2025, and authorized the Circle Officer, Dalgaon Revenue Circle, being the respondent No. 5; to preside over the first meeting.

Page No.# 6/8

Thereafter, the first meeting of the elected Ward Members of the Gaon Panchayat was convened on 23.06.2025, but the same was deferred without any reason and thereafter, the respondent No. 2 had issued a Notice, dated 26.06.2025 and convened the first meeting again on 02.07.2025, which was presided over by the respondent No. 5 and after signing in the proceeding book, the respondent No. 5 had administered the oath to the elected Ward Members.

Thereafter, the respondent No. 5 decided to select the President and Vice- president and accordingly, the petitioners had proposed the names of petitioner Nos. 1 and 2 for the posts of President and Vice President by raising their hands. On the other hand, other 4 elected Ward Members i.e. respondent Nos. 8, 9, 10 and 11 proposed the names of respondent Nos. 8 and 9 as President and Vice President. However, the respondent No. 5 refused to accept the verbal support and raising of hands in favour of the petitioner Nos. 1 and 2 and forcefully dragged the petitioners out from the Panchayat Office and as such, no election/selection was held in the first meeting held on 02.07.2025.

Thereafter, the respondent No. 5 had illegally and arbitrarily declared the respondent Nos. 8 and 9 as President and Vice President, in violation of Rule 46 (6) of the Assam Panchayat (Constitutional) Rules, 1995 (as amended).

Thereafter, the petitioners had submitted representations on 02.07.2025 and 14.07.2025, to the respondent No. 2, but no action had been taken; event though, a hearing had been conducted on 23.07.2025 by the respondent No. 4 regarding irregularities in the first meeting, but said representations of the petitioners are yet to be disposed of and the results of the hearing so concluded, are also not being declared. Being aggrieved, the petitioners have approached this Court by filing the present petition. Mr. Choudhury, learned Senior Counsel, therefore, contended to dispose of this petition by directing the respondent No. 2 to dispose of the Page No.# 7/8

representations, dated 02.07.2025 and 14.07.2025, in a time bound manner, based on the statements of the Ward Members already recorded.

4. On the other hand, Mr. Talukdar, learned Additional Senior Government Advocate submits that the respondent No. 4, the Co-District Commissioner, Dalgaon Co-district has filed one affidavit-in-opposition, where a stand has been taken that on receipt of the representations submitted by the petitioners Dilowara Begum and 5 Others, the same were forwarded to the District Commissioner of Darrang and a hearing was conducted on 23.07.2025, asking the elected Ward Members of No. 5 Baruajhar Gaon Panchayat and the statements of the Ward Members were recorded and all the Ward Members had given their signatures, affirming their accounts. But, before any order being passed, the Government in Personnel (A) Department had issued one Notification No. ECF. 685812/3-AG, dated 03.08.2025, regarding transfer of the then Co-District Commissioner, Dalgaon and subsequently, he handed over the charge of Co-District Commissioner, Dalgaon on 05.08.2025 and as such, the result of the hearing could not be declared.

5. Mr. Talukdar, learned Additional Senior Government Advocate for the respondent Nos. 2, 4 & 5 submits that the present writ petition may be disposed of by directing the respondent No. 2 to dispose of the representations, dated 02.07.2025 and 14.07.2025, by passing an order on the basis of the statements of the Ward Members recorded by the erstwhile Co-District Commissioner, within a period of one month; after giving an opportunity of hearing to both the parties, if found necessary.

6. Mr. Choudhury, learned Senior Counsel appearing for the petitioner, however, submits that 3 week's time may be granted to pass order on the representations filed by the petitioners on 02.07.2025 and 14.07.2025, on the basis of the Page No.# 8/8

statements of the Ward Members already recorded by the erstwhile Co-District Commissioner.

7. Mr. Dutta, learned Standing Counsel for the respondent Nos. 1, 3, 6 & 7 and Mr. Islam, learned counsel for the respondent Nos. 8 & 9 also submits that they have no objection in the event of issuing direction to the respondent authorities to dispose of the aforesaid representations in a time bound manner.

8. Accordingly, taking note of the submissions of the learned counsel for both the parties and also, as agreed upon by the learned counsel for all the parties, this Court is inclined to dispose of this petition by directing the respondent No. 2 to dispose of the representations, dated 02.07.2025 and 14.07.2025; on the basis of the statements of the Ward Members already recorded by the erstwhile Co-District Commissioner and if necessary, he shall afford opportunity of being heard to the petitioners and also the respondent Nos. 8, 9, 10 & 11.

9. Let the aforesaid exercise be carried out within a period of 3 (three) weeks from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and place the same before the State respondents, more particularly, respondent No. 4; within a period of 3 working days from today.

10. In terms of the above, this writ petition stands disposed of.

JUDGE

Comparing Assistant