Page No.# 1/7 vs The State Of Assam And Others on 7 February, 2026

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                   Page No.# 1/7

GAHC010020092026




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

                          Case No. : WP(C)/628/2026

         RESHMA BEGUM LASKAR
         WIFE OF ABDUL HUSSAIN LASKAR, RESIDENT OF VILLAGE-VICHINGCHA
         PART-II, P.O.-VICHINGCHA, DISTRICT- HAILAKANDI, ASSAM, PIN-788151

         2: SAYNAJ BEGUM MAZUMDER
         WIFE OF GULENOOR HUSSAIN MAZUMDER
          RESIDENT OF VILLAGEBOWERGHAT PART-II
          P.O- BOWERGHAT BAZAR
          DISTRICT HAILAKANDI
         ASSAM
          PIN 788151

         3: SULTANA BEGUM LASKAR
          DAUGHTER OF SAKAT ALI LASKAR
          RESIDENT OF VILLAGE-BOWERGHAT PART-I
          P.OBOWERGHAT BAZAR
          DISTRICT HAILAKANDI
          788151. ASSA

         VERSUS

         THE STATE OF ASSAM AND OTHERS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, PANCHAYAT RURAL DEVELOPMENT
         DEPARTMENT, DISPUR, GUWAHATI-6.

         2:THE COMMISSIONER
          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          PANJABARI ROAD
          JURIPAR
          GUWAHATI-37

         3:THE DISTRICT COMMISSIONER
          HAILAKANDI
                                                                        Page No.# 2/7

             P.O DISTRICT HAILAKANDI
             ASSAM
             PIN 788151

            4:THE CHIEF EXECUTIVE OFFICER
             ZILLA PARISHAD
             HAILAKANDI
             P.O AND DISTRICT-HAILAKANDI
            ASSAM
             PIN-788151

            5:THE BLOCK DEVELOPMENT OFFICER
            ALGAPUR DEVELOPMENT BLOCK
             P.O KALIBARI BAZAR
             DISTRICT-HAILAKANDI
            ASSAM
             PIN-788150

            6:THE SECRETARY
             BOWERGHAT GAON PANCHAYAT
            VILLAGE BOWERGHAT
             P.O BOWERGHAT BAZAR
             PIN 788155

            7:THE PRESIDENT
             BOWERGHAT GAON PANCHAYAT
            VILLAGE BOWERGHAT
             P.O BOWERGHAT BAZAR
             PIN 78815

Advocate for the Petitioner   : MR H I CHOUDHURY, MS. G GOSWAMI,H YEASMIN

Advocate for the Respondent : SC, P AND R.D., GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

07.02.2026

Heard Ms. G. Goswami, learned counsel for the petitioners. Also heard Mr. S. Dutta, learned counsel for the respondents Nos. 1, 2, 4, 5 and 6; Mr. N. Das, Page No.# 3/7

learned Government Advocate for the respondent No.3.

2. The petitioners before this Court project themselves to be the elected representatives of Ward Nos.3, 7 and 8, respectively, under Bowerghat Gaon Panchayat in the district of Hailakandi. These petitioners are aggrieved that by notice dated 13.01.2026, the Secretary Bowerghat G.P. informed the Members of Bowerghat Gaon Panchayat that on 15.01.2026, the Gaon Sabha will be held in the premises of Vichinga M.E. School for discussions of the agenda mentioned in the notice. The agenda is primarily for decision and approval of the annual

action plan of the 15th Finance Commission for the year 2024-2025, 2025-2026.

3. The learned counsel for the petitioners submits that this meeting essentially is to take up all the development projects in different wards and on the basis of which the same are to be forwarded to the District Planning Committee and upon approval of such, the same shall be forwarded to the Government. The learned counsel for the petitioners referring to section 4.4 submits that the meeting of the Gaon Sabha shall be convened by the Secretary upon due approval of the President of the Gaon Panchayat in consultation with the Block Development Officer and be given wide publicity 15 days ahead of the date of holding the meeting. The learned counsel for the petitioners submits that this is the prescription of the statute that the notices are to be issued 15 days ahead of the meeting. However, by the impugned notice only one days time was granted and the petitioners therefore, could not be present in the meeting. As a consequence thereof, as per information available, the developmental projects which are listed as Annexures B and B-1 in the writ petition, were approved.

4. The learned counsel for the petitioners submits that the projects which are Page No.# 4/7

listed as Serial No. 5, 6 and 7 of the list enclosed as Annexure B(1) pertains to Ward No.7 and Serial Nos.8 and 9 of the Annexure B(1) pertains to Ward No.8. However, these approved in the absence of petitioners 2 and 3. There is no approval of any development project connected to Ward No.3. It is therefore, submitted that where the statute mandates that the Gaon Panchayat meeting is to be held 15 days prior and the by inviting all the Members of the Gaon Panchayat, in the absence of the proper notice, the petitioners could not be present and some of the items reflected in the annexure enclosed were approved in their absence which is not permissible and insofar as Ward No. 3 is concerned no development items are seen to be approved listed. The learned counsel for the petitioners therefore, submits that as per information available, these items which were discussed in the Gaon Sabha meeting are required to be placed for approval before the District Planning Committee meeting which is scheduled to be held today. She therefore, submits that each of these development works pertain to the various wards of the Gaon Panchayat and the representatives are elected by the Members of the Gaon Sabha to represent the needs and the aspirations of each of the wards and therefore, under the provisions of approval of development works to be undertaken in the absence of the ward representatives are not contemplated in the Act. Therefore, the respondents are required to be suitably directed to reconsider the claims of these Ward Members in the presence of the elected representative of the Wards namely petitioners by calling for a meeting. The learned counsel for the petitioners further submits that in this connection, representations have also been addressed to the Block Development Officer, Algapur Development Block, Algapur, the District Commissioner-Cum-Chairman, District Development Committee, Hailakandi as also the Chief Executive Officer, Zilla Parishad, Page No.# 5/7

Hailakandi. By these representations, the petitioners have ventilated their grievances. However, the same has not been redressed.

5. The learned counsel for the respondents submits that they have no instructions in the matter. However, if there is a direction issued to the respondents to consider the grievances raised in the representations filed by the petitioners, then the writ petition may be disposed of with such directions.

6. Having heard the learned counsel for the parties and the upon perusal of the writ petition as also the provisions of the Assam Panchayat Act 1994, it is seen that there is no explanation offered in the notice dated 13.01.2026 calling for a meeting to be held on 15.01.2026 when as per section 4(4), 15 days notice is required to be granted before convening a meeting. That apart, the petitioners are the elected representatives of their Wards and their presence was necessary in the meeting to ensure that the development works in respect of the wards are taken up in right earnest and are sent up for appropriate approvals. From the list of projects which were approved, although some projects are seen to have been approved in respect of Ward Nos.7 and 8 as pointed out by the learned counsel for the petitioners, it is also submitted that there is no work pertaining to Ward No.3 and these works, which are approved in the meeting are scheduled to be taken up today in the District Planning Committee meeting scheduled to be held today by the notice dated 04.02.2026 and if they are approved, then they will be sent up for further approval of the Government. The petitioners are aggrieved that they have no information as to the manner in which these works were shown to be approved insofar as Ward Nos. 7 and 8 are concerned and as to why no development projects were taken up in respect of Ward No.3.

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7. This Court, however, is of the view that interference with the minutes of the meeting held pursuant to the notice dated 13.01.2026 in respect of the conclusions arrived at regarding the development works to be carried on will not ensure redressal of the grievances of the petitioners. The petitioners are admittedly concerned with development works for their respective wards. Therefore, it is the view of the court that ends of justice will be met if there is a direction to the respondent authorities to reconsider the development works in respect of Ward Nos. 3, 7 and 8 in the presence of the elected representatives and thereafter approve the same, if the same are found to be suitable for carrying on the development works. In this context, if a proper meeting of the Gaon Sabha is required to be held, then the same shall also be convened in terms of the procedure prescribed under the Act. Although several representations have been addressed separately, one each to the Block Development Officer, Algapur Development Block, Algapur; District Commissioner-cum-Chairman District Development Committee, Hailakandi; and Chief Executive Officer, Zila Parishad, Hailakandi, this Court is of the view that the directions can be issued to all these respondents to ensure that the grievances of the petitioners be redressed and a meeting of the Gaon Panchayat be reconvened if required by giving adequate notice to reconsider the claims of development projects in respect of Ward No. 3, 7 and 8 and thereafter, the same be placed before the District Planning Committee for due approval.

8. The meeting is scheduled for today, and the copy of the notice dated 04.02.2026 has been placed before the Court by the learned counsel to the petitioners, need not be stalled. However, the Chairman of the said committee namely the District Commissioner, Hailakandi will ensure that fund allocation should be made appropriately so as to include any such development works in Page No.# 7/7

respect of Wards Nos.3, 7 and 8, if such development works are adopted in the meeting to be held by the Gaon Sabha as directed.

9. The entire exercise be completed within a period of three weeks from the date of receipt of a certified copy of this order.

10. The parties are permitted to place the certified copy of this order before the authorities concerned.

11. In addition to the directions issued as above, since the President of the Zilla Parishad is the Chairman of the District Planning Committee, similar directions are also issued to the President of Zilla Parishad, notwithstanding no representation has been addressed to him.

12. With the above observations this writ petition stands disposed of.

JUDGE

Comparing Assistant