Page No.# 1/68 vs The State Of Assam And 6 Ors on 13 March, 2026

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    ADVERTISEMENT

    Gauhati High Court

    Page No.# 1/68 vs The State Of Assam And 6 Ors on 13 March, 2026

    Author: Devashis Baruah

    Bench: Devashis Baruah

                                                                   Page No.# 1/68
    
    GAHC010212742025
    
    
    
    
                                                              2026:GAU-AS:3725
    
                          THE GAUHATI HIGH COURT
      (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                           Case No. : WP(C)/5686/2025
    
             FERDAUS RAHMAN MAZUMDER
             S/O.- LATE NAZIM UDDIN MAZUMDER, R/O.- VILL.- BILPAR-DHUMKAR,
             P.O.- RANGAUTI, P.S. AND DISTRICT- HAILAKANDI, ASSAM.
    
    
    
             VERSUS
    
             THE STATE OF ASSAM AND 6 ORS
             TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
             GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT
             DEPARTMENT, DISPUR, GUWAHATI-6.
    
             2:THE DISTRICT COMMISSIONER
              HAILAKANDI CUM DISTRICT ELECTION OFFICER
              P.O
              P.S. AND DIST. -HAILAKANDI
             ASSAM.
    
             3:THE BLOCK DEVELOPMENT OFFICER
             ALGAPUR DEVELOPMENT BLOCK
              P.O- KALIBARI BAZAR
              P.S. ALGAPUR
              DIST. HAILAKANDI
             ASSAM
    
             4:THE SECRETARY
              RANGAUTI GAON PANCHAYAT
              P.O. RANGAUTI
              P.S AND DIST. HAILAKANDI
             ASSAM
              PIN-788155.
    
             5:THE ASSAM STATE ELECTION COMMISSION
                                                    Page No.# 2/68
    
    REPRESENTED BY ITS SECRETARY
    DISPUR
    GUWAHATI-6.
    
    6:THE DEPUTY DIRECTOR FOR SANSKRIT EDUCATION
    ASSAM
     KAHILIPARA
     GUWAHATI-19.
    
    7:MIZAJUR RAHMAN MAZUMDER
     S/O.- LATE ALA UDDIN MAZUMDER
     R/O. VILL. BILPAR- DHUMKAR
     P.O RANGAUTI
     P.S. AND DISTRICT- HAILAKANDI
    ASSAM
     PIN-788155
    
    
    Linked Case : WP(C)/282/2026
    
    RAFIYA BEGUM AND 3 ORS
    ELECTED MEMBER FROM GROUP-1
    WIFE OF KOYES UDDIN
    VILLAGE- DHOLAI MOLAI PART-V
    DISTRICT- HAILAKANDI
    ASSAM
    
    2: NAZIRA HYDAR
    
    ELECTED MEMBER FROM GROUP-5
    WIFE OF SAHABUDDIN BORBHUIYA
    VILLAGE- DHOLAI MOLAI PART-1
    DISTRICT- HAILAKANDI
    ASSAM
    
    3: NAZMIN BEGUM LASKAR
    
    ELECTED MEMBER FROM GROUP-7
    DAUGHTER OF ISMAIL UDDIN LASKAR
    VILLAGE- DHOLAI MOLAI PART-V
    DISTRICT-HAILAKANDI
    ASSAM
    
    4: JOYNAL ABDUL LASKAR
    
    ELECTED MEMBER FROM GROUP-10
    SON OF FAIZUL HAQUE LASKAR
                                                        Page No.# 3/68
    
    VILLAGE- DHOLAI MOLAI PART-1
    DISTRICT-HAILAKANDI
    ASSAM
    VERSUS
    
    THE STATE OF ASSAM AND 8 ORS
    REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
    OF ASSAM
    PANCHAYAT AND RURAL DEVELOPMENT
    PANJABARI
    GUWAHATI-781037.
    
    2:CHIEF ELECTORAL OFFICER
    
    ASSAM STATE ELECTION COMMISSION
    HOUSEFED COMPLEX
    BELTOLA
    GUWAHATI.
    
    3:THE CHIEF EXECUTIVE OFFICER
    HAILAKANDI
    ZILLA PARISHAD
    HAILAKANDI- 788151.
    
    4:THE BLOCK DEVELOPMENT OFFICER
    LALA DEVELOPMENT BLOCK
    LALA
    HAILAKANDI-788163.
    
    5:THE GAON PANCHAYAT SECRETARY
    
    DHOLAI MOLAI GAON PANCHAYAT
    DHOLAI MOLAI
    KATLICEHRRA
    HAILAKANDI-788161.
    
    6:HUMADA BEGUM MAZUMDER
    
    ELECTED MEMBER FROM GROUP-3
    WIFE OF AHADUL ISLAM MAZUMDER
    VILLAGE DHOLAI MOLAI PART-III
    DISTRICT -HAILAKANDI
    ASSAM
    
    7:JASHIM UDDIN LASKAR
    
    ELECTED MEMBER FROM GROUP-2
    SON OF LATE IRSAD ALI LASKAR
                                                           Page No.# 4/68
    
    VILLAGE- DHOLAI MOLAI PART-III
    DISTRICT- HAILAKANDI
    ASSAM
    
    8:YEASMIN SULTANA BARBHUIYA
    
    ELECTED MEMBER FROM GROUP-6 (PRESIDENT)
    WIFE OF ABDUL HASIM MAZUMDER
    VILLAGE-DHOLAI MOLAI PART-II
    DISTRICT- HAILAKANDI
    ASSAM
    
    9:MONI MALA SHARMA
    
    ELECTED MEMBER FROM GROUP-9 VICE PRESIDENT
    WIFE OF NILKANTA SHARMA
    VILLAGE- DHOLAI MOLAIPART-II
    DISTRICT- HAILAKANDI
    ASSAM
    
    Linked Case : I.A.(Civil)/4055/2025
    
    GULZAR HUSSAIN
    SON OF AHAMMOD ALI
    VILLAGE- HAHCARAGAON
    P.O. HAHCHARAGAON
    P.S- BHELUGURI
    DIST. NAGAON
    ASSAM
    PIN-782126
    
    
    VERSUS
    
    THE STATE OF ASSAM
    TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
    GOVERNMENT OF ASSAM
    PANCHAYAT RURAL DEVELOPMENT DEPARTMENT DISPUR
    GUWAHATI- 781006
    
    2:THE DISTRICT COMMISSIONER
    MORIGAON
     P.O. P.S- MORIGAON
     DIST- MORIGAON
    ASSAM
     PIN- 782105.
    
    3:THE CHIEF EXECUTIVE OFFICER
                                               Page No.# 5/68
    
    MORIGAON ZILLA PARISHAD
    P.O P.S MORIGAON
    DISTRICT- MORIGAON
    ASSAM
    PIN- 782105.
    
    4:THE CO DISTRICT COMMISSIONER
    OFFICE OF THE LAHARIGHAT CO-DISTRICT
    P.O P.SLAHARIGHAT
    DISTRICT- MORIGAON
    ASSAM
    PIN-782127
    
    5:THE ASSISTANT COMMISSIONER
    OFFICE OF THE LAHARIGHAT CO-DISTRICT
    P.O P.SLAHARIGHAT
    DIST- MORIGAON
    ASSAM
    PIN782127
    
    6:THE BLOCK DEVELOPMENT OFFICER
    LAHARIGHAT DEVELOPMENT BLOCK
    P.O P.S- LAHARIGHAT
    DIST- MORIGAON
    ASSAM
    PIN-782127
    
    7:THE SECRETARY
    DOLOIGAON GAON PANCHAYAT
    P.O- DOLOIGAON
    P.SMOIRABARI
    ASSAM
    PIN-782126.
    
    8:SHORIFUL ISLAM
    
    S/O- LATE FAIZ UDDIN
    RESIDENT OF VILLAGE BARTHAL KACHARIGAON
    P.O.- DOLOIGAON
    P.S.- MOIRABARI DISTRICT- MORIGAON
    ASSAM PIN-782126
    -
    
    Linked Case : WP(C)/7329/2025
    
    MD. OSMAN GANI SK.
    
    S/O- MD. ENNUS ALI
                                                       Page No.# 6/68
    
    R/O- VILL.- SHALIBHULI
    P.O. DHANUA
    P.S. MANKACHAR
    ASSAM
    PIN- 783131.
    
    
    VERSUS
    
    THE STATE OF ASSAM AND 4 ORS
    THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
    DISPUR
    GUWAHATI-06.
    
    2:THE DISTRICT COMMISSIONER
    
    SOUTH SALMARA MANKACHAR
    ASSAM
    
    3:THE CHIEF EXECUTIVE OFFICER
    MANKACHAR ZILA PARISHAD
    DIST. SOUTH SALMARA MANKACHAR
    ASSAM
    
     4:THE ASSAM STATE ELECTION COMMISSION
    PANJABARI
     GUWAHATI-781037.
    
    5:MUSSTT. SHAHNAZ PARBIN
    W/O- MD. SHAHIDUR ISLAM
    VILL.- SHALIBHUI
    P.O. DHANUA
    P.S. MANKACHAR
    DIST. SOUTH SALMARA MANKACHAR
    ASSAM
    PIN- 783131.
    
    
    Linked Case : WP(C)/5773/2025
    
    SAMSUN NAHAR
    W/O ATIQUL RAHMAN
    VILL- BATHAL KACHARIGAON
    P.O.- DOLOIGAON
    P.S.- MOIRABARI
    DIST- MORIGAON
    ASSAM
                                                         Page No.# 7/68
    
    PIN-782126
    
    
    VERSUS
    
    THE STATE OF ASSAM AND 7 ORS
    REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
    DISPUR
    GUWAHATI
    PIN-781006
    
    2:THE DISTRICT COMMISSIONER
     MORIGAON
    P.O. AND P.S.- MORIGAON
     DIST- MORIGAON
    ASSAM
     PIN-782105
    
     3:THE CHIEF EXECUTIVE OFFICER
     MORIGAON ZILLA PARISHAD
    P.O. AND P.S.- MORIGAON
    ASSAM
     PIN-782105
    
     4:THE CO-DISTRICT COMMISSIONER
     LAHARIGAHT CO-DISTRICT
    P.O. AND P.S.- LAHARIGHAT
     DIST- MORIGAON
    ASSAM
     PIN-782127
    
    5:THE ASSISTANT COMMISSIONER
    OFFICE OF THE LAHARIGHAT CO-DISTRICT
    P.O. AND P.S.- LAHARIGHAT
    DIST- MORIGAON
    ASSAM
    PIN-782127
    
     6:THE BLOCK DEVELOPMENT OFFICER
     LAAHARIGHAT DEVELOPMENT BLOCK
    P.O. AND P.S.- LAHARIGHAT
     DIST- MORIGAON
    ASSAM
     PIN-782127
    
    7:THE SECRETARY
    DOLOIGAON GAON PANCHAYAT
                                                         Page No.# 8/68
    
    P.O.- DOLOIGAON
     P.S.- MOIRABARI
     DIST- MORIGAON
    ASSAM
     PIN-782126
    
    8:GULZAR HUSSAIN
    S/O AHAMMOD ALI
    VILL- HAHCARAGAON
    P.O.- HAHCHARAGAON
    P.S.- BHELUGURI
    DIST- NAGAON
    ASSAM
    PIN-782126
    
    
    Linked Case : WP(C)/5815/2025
    
    SHORIFUL ISLAM
    SON OF LATE FAIZ UDDIN
    VILLAGE - BARTHAL KACHARIGAON
    P.O.- DOLOIGAON
    P.S- MOIRABARI
    DIST.- MORIGAON
    ASSAM
    PIN- 782126
    
    
    VERSUS
    
    THE STATE OF ASSAM AND 7 ORS.
    REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
    DISPUR
    GUWAHATI
    PIN - 781006.
    
    2:THE DISTRICT COMMISSIONER
     MORIGAON
    P.O. AND P.S- MORIGAON
     DIST. MORIGAON
    ASSAM
     PIN - 782105
    
     3:THE CHIEF EXECUTIVE OFFICER
     MORIGAON ZILLA PARISHAD
    P.O AND P.S- MORIGAON
     DISTRICT-MORIGAON
                                            Page No.# 9/68
    
    ASSAM
    PIN-782105
    
     4:THE CO-DISTRICT COMMISSIONER
     LAHARIGHAT CO-DISTRICT
    P.O. AND P.S. LAHARIGHAT
     DIST. MORIGAON
    ASSAM
     PIN - 782127
    
    5:THE ASSISTANT COMMISSIONER
    OFFICE OF THE LAHARIGHAT CO-DISTRICT
    P.O. AND P.S. LAHARIGHAT
    DIST. MORIGAON
    ASSAM
    PIN -782127
    
     6:THE BLOCK DEVELOPMENT OFFICER
     LAHARIGHAT DEVELOPMENT BLOCK
    P.O. AND P.S- LAHARIGHAT
     DIST. MORIGAON
    ASSAM
     PIN - 782127
    
     7:THE SECRETARY
     DOLOIGAON GAON PANCHAYAT
    P.O. DOLOIGAON
     P.S- MOIRABARI
     DIST. MORIGAON
    ASSAM
     PIN 782126
    
    8:GULZAR HUSSAIN
    SON OF AHAMMOD ALI
    VILLAGE- HAHCARAGAON
    P.O. HAHCHARAGAON
    P.S- BHELUGURI
    DIST. NAGAON
    ASSAM
    PIN-782126
    
    Linked Case : WP(C)/7257/2025
    
    MONOWAR HUSSAIN
    S/O LATE GOLAP HUSSAIN
    R/O - 292 BERABHANGA PART-II
    P.O- SUKCHAR
    P.S- SUKCHAR
                                                        Page No.# 10/68
    
    DISTRICT- SOUTH SALMARA
    PIN-783128.
    
    
    VERSUS
    
    THE STATE OF ASSAM AND 6 ORS.
    REPRESENTED BY THE PRINCIPAL SECRETARY THE GOVT. OF ASSAM
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
    DISPUR
    GUWAHATI- 781006.
    
    2:THE DISTRICT COMMISSIONER
     SOUTH SALMARA MANKACHAR
    ASSAM
     PIN-783135
    
    3:THE CHIEF EXECUTIVE OFFICER
    SOUTH SALMARA ZILLA PARISHAD
    SOUTH SALMARA
    DIST- SOUTH SALMARA- MANKACHAR
    ASSAM- 783135.
    
    4:THE SECRETARY
    NO.26 SUKCHAR GAON PANCHAYAT
    DIST- SOUTH SALMARA- MANKACHAR
    ASSAM- 783135.
    
    5:THE REGISTER OF BIRTHS AND DEATH
    SUKCHAR MINI P.H.C
    DIST- SOUTH SALMARA- MANKACHAR
    ASSAM- 783135
    
     6:THE ASSAM STATE ELECTION COMMISSION
    PANJABARI
     GUWAHATI-781037
    
    7:MEHRUN NESSA
    WIFE OF ABDUS SAMAD
    R/O - BERABHANGA PART-II
    P.O- SUKCHAR
    P.S- SUKCHAR
    DISTRICT- SOUTH SALMARA
    PIN- 783128.
                                                           Page No.# 11/68
    
    Linked Case : I.A.(Civil)/3931/2025
    
    GULZAR HUSSAIN
    S/O- AHAMMOD ALI
    VILLAGE HAHCHARAGAON
    P.O- HAHCHARAGAON
    P.S- BHELUGURI
    DIST- NAGAON
    ASSAM
    PIN-782126
    
    
    VERSUS
    
    THE STATE OF ASSAM
    TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
    GOVERNMENT OF ASSAM
    PANCHAYAT RURAL DEVELOPMENT DEPARTMENT DISPUR
    GUWAHATI- 781006
    
    2:THE DISTRICT COMMISSIONER
    MORIGAON
     P.O. P.S- MORIGAON
     DIST- MORIGAON
    ASSAM
     PIN- 782105.
    
    3:THE CHIEF EXECUTIVE OFFICER
    MORIGAON ZILLA PARISHAD
    P.O P.S MORIGAON
    DISTRICT- MORIGAON
    ASSAM
    PIN- 782105.
    
    4:THE CO DISTRICT COMMISSIONER
    OFFICE OF THE LAHARIGHAT CO-DISTRICT
    P.O P.SLAHARIGHAT
    DISTRICT- MORIGAON
    ASSAM
    PIN-782127.
    
    5:THE ASSISTANT COMMISSIONER
    OFFICE OF THE LAHARIGHAT CO-DISTRICT
    P.O P.SLAHARIGHAT
    DIST- MORIGAON
    ASSAM
    PIN782127.
                                                        Page No.# 12/68
    
    6:THE BLOCK DEVELOPMENT OFFICER
    LAHARIGHAT DEVELOPMENT BLOCK
    P.O P.S- LAHARIGHAT
    DIST- MORIGAON
    ASSAM
    PIN-782127
    
    7:THE SECRETARY
    
    DOLOIGAON GAON PANCHAYAT
    P.O- DOLOIGAON
    P.SMOIRABARI
    ASSAM
    PIN-782126.
    
    8:SAMSUN NAHAR
    W/O- ATIQUL RAHMAN
    RESIDENT OF VILLAGE BARTHAL KACHARIGAON
    P.O.- DOLOIGAON
    P.S.- MOIRABARI DISTRICT- MORIGAON
    ASSAM PIN-782126
    
    
    Linked Case : WP(C)/4526/2025
    
    ENAM UDDIN
    SON OF RAJJAD ALI
    R/O VILL- HULASHNAGAR
    P.O. ANIPUR
    P.S. RATABARI
    DIST. SRIBHUMI
    ASSAM
    PIN-788734.
    
    
    VERSUS
    
    THE STATE OF ASSAM AND 5 ORS.
    REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
    
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
     DISPUR
     GUWAHATI-6.
    
    2:THE COMMISSIONER
    
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
    ASSAM
                                             Page No.# 13/68
    
    JURIPAR
    PANJABARI
    GUWAHATI-37.
    
    3:THE ASSAM STATE ELECTION COMMISSION
    
    REPRESENTED BY ELECTION COMMISSIONER
    DISPUR
    GUWAHATI-6.
    
    4:THE DISTRICT COMMISSIONER
    
    SRIBHUMI
     P.O.
    P.S. AND DIST. SRIBHUMI
    ASSAM
     PIN-788710.
    
    5:THE BLOCK DEVELOPMENT OFFICER
    
    DULLAVCHERRA DEV. BLOCK
    DULLAVCHERRA
    PIN- 788736.
    
     6:RUHELA BEGUM
    W/O TAJ UDDIN
    R/O VILL- HULASHNAGAR
     P.O. ANIPUR
    P.S. RATABARI
     DIST. SRIBHUMI
    ASSAM
     PIN-788734
    
    
    Linked Case : WP(C)/6200/2025
    
    SOFIA BEGUM
    C/O SHAJI HUSSAIN
    VILLAGE-- KANDIGRAM
    P.O. DASGRAM
    VTC- DASGRAM
    PO- DASGRAM
    DISTRICT- SRIBHUMI
    STATE- ASSAM
    PINCODE - 788722.
    
    
    VERSUS
                                                         Page No.# 14/68
    
    
    THE STATE OF ASSAM AND OTHRS
    REPRESENTED BY THE PRINCIPAL AND SECRETARY TO THE GOVT. OF
    ASSAM
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
    DISPUR
    GUWAHATI781006.
    
    2:THE ASSAM STATE ELECTION COMMISSION
    REPRESENTED BY ITS SECRETARY
     DISPUR
     GUWAHATI 781006.
    
     3:THE COMMISSIONER
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
     PANJABARI
     JURIPAR
     GUWAHATI - 781037.
    
     4:THE DISTRICT COMMISSIONER CUM DISTRICT RETURNING OFFICER
    SRIBHUMI
    P.O.- SRINHUMI
     DISTRICT- SRIBHUMI
    ASSAM
     PIN- 788710
    
    5:THE BLOCK DEVELOPMENT OFFICER
    NILAMBAZAR
    PSNILMABAZAR
    DISTRICT- SRIBHUMI
    ASSAM
    
    6:THE DEPUTY DIRECTOR FOR SANSKRIT EDUCATION
    ASSAM KAHILIPARA
    GUWAHATI - 781019
    
    7:NAMITA DEB
    DAUGHTER OF LATE DEBENDRA CHANDRA DEB
    VILLAGE- DASGRAM
    DASGRAM
    PS- NILAMBAZAR
    DISTRICTSRIBHUMI
    ASSAM
    PIN- 788722
                                                          Page No.# 15/68
    
    Linked Case : WP(C)/6138/2025
    
    NURZIYA KHATUN
    W/O-NURUL ISLAM VILL- KHOPATI PART -III
    P.O-HAZIRHAT
    P.S.- SUKHCHAR
    DIST- SOUTH SALMARA-MANKACHAR
    ASSAM
    
    
    VERSUS
    
    THE STATE OF ASSAM
    THROUGH THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
    PANCHAYAT RURAL DEVELOPMENT DEPARTMENT
    DISPUR
    GUWAHATI-06.
    
    2:THE DISTRICT COMMISSIONER
     SOUTH SALMARA
    ASSAM
    
    3:THE CHIEF EXECUTIVE OFFICER
    SOUTH SALMARA ZILLA PARISHAD SOUTH SALMARA DIST SOUTH
    SALMARA MANKACHAR ASSAM
    
    4:THE EXECUTIVE OFFICER
    FEKAMARI ANCHALIK PANCHAYAT DIST SOUTH SALMARA MANKACHAR
    ASSAM
    
    5:THE ASSAM STATE ELECTION COMMISSION PANJABARI
    GUWAHATI 37
    
    6:AJUBA KHATUN
    W/O ABDUL SALAM SHAH VILL KHOPATIA PART III PO HAZIRHAT PS
    SUKHCHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN 783128
    
    
    Linked Case : WP(C)/6170/2025
    
    MONOWARA TAIMUR
    W/O- OSMAN GONI A RESIDENT OF VILL - CHALAKURA PARTIII
    P.O. AND P.S- CHUNARI DIST.- GAOLPARA
    ASSAM
    
    
    VERSUS
                                                             Page No.# 16/68
    
    THE STATE OF ASSAM AND OTHRS
    REPRESENTED BY THE COMMISSIONER AND SECRETARY
    PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
    DISPUR
    GUWAHATI-6
    
    2:THE DISTRICT COMMISSIONER
    GOALPARA
     P.O.- BALADMARI
     P.S.- GOALPARA SADAR
    ASSAM
     PIN783121.
    
    3:THE ASSISTANT COMMISSIONER
    GOALPARA
    DIST.- GOLAPARA
    
    4:THE JOINT DIRECTOR
    HEALTH SERVICES
    GOALPARA
    DIST.- GOALPARA
    ASSAM
    
    5:THE CHIEF EXECUTIVE OFFICER
    GOALPARA ZILLA PARISHAD
    DIST.- GOALPARA
    ASSAM
    
    6:THE BLOCK DEVELOPMENT OFFICER
    KAMAKHYABARI DEVELOPMENT BLOCK
    KHARMUZA
    P.O.- JOYBHUM
    P.S.- LAKHIPUR
    DIST.- GOALPARA
    ASSAM.
    
     7:THE SECRETARY
    12 NO. PANCHAYAT
     KALSHABHANGA ROWKHOWA KALSHABHANGA GAON P.O-ROWKHUA
    DIST.- GOALPARA
    ASSAM
    
    8:FATEHA KHATUN
    W/O-ABU TALEB A RESIDENT OF VILL - CHALAKURA PART-III
    P.O. AND P.S.- CHUNARI
    DIST.- GOALPARA
    ASSAM
    PIN783129
                                                                  Page No.# 17/68
    
    
    
    
                                     BEFORE
             HONOURABLE MR. JUSTICE DEVASHIS BARUAH
    For the Petitioner(s)     : Mr. M. H. Laskar, Advocate
                                Ms. N. S. Thakuria, Advocate
                                Mr. R. Ali, Advocate
                                Mr. M.A.I. Hussain, Advocate
                                Mr. P. Mahanta, Advocate
                                Mr. F. E. Choudhury, Advocate
                                Mr. S. K. Talukdar, Advocate
                                Mr. S. K. Das, Advocate
                                Mr. A. M. Ahmed, Advocate
                                Mr. A. Bhatra, Advocate
    
    For the Respondent(s) :    Mr. S. Dutta, SC, P&RD
                               Mr. N. Das, Govt. Advocate
                               Mr. B. D. Das, Sr. Advocate
                               Mr. J. Islam, Advocate
                               Mr. A.B.T. Hoque, Advocate
                               Mr. B. K. Sen, Advocate
                               Mr. M. J. Quadir, Advocate
                               Mr. R. Dubey, SC, ASEC
    
    Date on which judgment is reserved         : NA
    
    Date of pronouncement of judgment          : 13.03.2026
    
    Whether the pronouncement is of the
    Operative part of the judgment?            : NA
    
    Whether the full judgment has been
    Pronounced?                                : Yes
    
                        JUDGMENT AND ORDER (ORAL)

    Heard the learned counsels appearing on behalf of the
    petitioners in the instant batch of writ petitions. Mr. S. Dutta, the
    Page No.# 18/68

    learned Standing Counsel of the Panchayat and Rural
    Development Department who appears for the said Department
    and Mr. J. Handique, the learned Government Advocate who
    appears on behalf of the District Administration. I have also
    heard the learned counsels appearing on behalf of the private
    respondents and Mr. R. Dubey, the learned counsel who appears
    on behalf of the Assam State Election Commission.

    SPONSORED

    2. It is contended before this Court by the learned counsels for
    the respondents that the issue involved in the present batch of
    writ petitions is covered by the decision rendered in the
    judgment and order dated 23.02.2026 in the case of Aysha
    Khatun vs. State of Assam
    and 5 Others in WP(C) No. 7351/2025,

    reported in 2026:GAU-AS:2734.

    3. At the outset, it is relevant to observe that the present
    batch of writ petitions can be divided into two sets. One set of
    writ petitions pertains to inaction on the part of the concerned
    District Commissioner in taking action pursuant to information
    provided by way of representations that the returned candidate
    cannot be permitted to remain as a Member of the concerned
    Panchayat as he/she was disqualified under Section 111 of the
    Assam Panchayat Act, 1994 (for short, ‘the Act of 1994’) read
    with Rule 62 of the Assam Panchayat (Constitution) Rules, 1995
    (for short, ‘the Rules of 1995’). This set of writ petitions are
    Page No.# 19/68

    hereinafter referred to as ‘the first set of writ petitions’.

    The other set of writ petitions are filed by the returned
    candidates who were disqualified by the concerned District
    Commissioner in exercise of powers conferred under Section 111
    of the Act of 1994 read with Rule 62 of the Rules of 1995. This
    set of writ petitions are hereinafter referred to as ‘the second set
    of writ petitions’.

    4. For deciding as to whether the issues involved in both the
    sets of writ petitions are covered by the judgment and order
    dated 23.02.2026 in the case of Aysha Khatun (supra), this Court
    finds it relevant to take note of the brief facts which led to the
    filing of the first set of writ petitions.

    WP(C) No.5686/2025.

    5. The Petitioner herein pursuant to a Notification dated
    02.04.2025 issued by the Assam State Election Commission for
    election to various posts of Panchayat in the State of Assam
    submitted nomination for election to the post of Gaon Panchayat
    Member of 4 No. Ward under Rangauti Gaon Panchayat. The
    Respondent No.7 also submitted nomination for the election to
    the post of Gaon Panchayat Member of 4 No. Ward under
    Rangauti Gaon Panchayat. The election was held on 02.05.2025,
    and the Petitioner lost the election by a margin of two votes
    Page No.# 20/68

    against the Respondent No.7. The result was declared on
    11.05.2025. The Petitioner on 15.05.2025, raised objection
    before the District Commissioner in so far as it relates to the
    educational certificate of the Respondent No.7 and prayed for
    verification of the educational certificate of the Respondent No.7
    to unearth the truth regarding the veracity of the said certificate.
    Thereupon, the Petitioner approached this Court by filing a writ
    petition being WP(C) No.3203/2025 which was withdrawn by the
    Petitioner on 11.06.2025 with a liberty to pursue alternative and
    efficacious remedy.

    6. The Petitioner alleges that he made various enquiries under
    the Right to Information Act, 2005 and learnt that the
    Respondent No.7 did not pass the Pravesika Examination in the
    year 2010 and the certificate so submitted by the Respondent
    No.7 was a forged and a false document. The Petitioner
    thereupon submitted another representation on 26.08.2025
    before the District Commissioner along with supporting
    documents with a prayer to declare the Respondent No.7 is not
    qualified to remain as a Gaon Panchayat Member and to remove
    him from the post of Gaon Panchayat Member of 4 No. Ward
    under Rangauti Gaon Panchayat. The said representation being
    not considered, the Petitioner had approached this Court by filing
    the writ petition.

    Page No.# 21/68

    7. This Court vide an order dated 24.09.2025, though issued
    notice, but kept the question of maintainability of the writ
    petition open.

    WP(C) No.7329/2025.

    8. The Petitioner herein was a candidate for ward No.14/10 of
    Dhanua Gaon Panchayat South Salmara-Mankachar. He
    submitted his nomination form for the post of Member from the
    Ward No.14/10 of Dhanua Gaon Panchayat, South Salmara,
    Mankachar. The Respondent No.5 was also a candidate. The
    election was held on 07.05.2025 and the Respondent No.5 was
    declared as elected Member of Ward No.14/10 of Dhanua Gaon
    Panchayat on 11.05.2025. It is the allegation of the Petitioner
    that the Respondent No.5 got married to one Md Shahidur Islam
    on 14.10.2014 when she was only 17 years old. Her date of birth
    is 22.11.1997 and she has also a child and his date of birth is
    02.07.2017. It was alleged that at the time of submission of the
    documents with nomination form, the Respondent No.5
    concealed her age at the time of marriage and showed it as 18
    years. Even in the Kabin Nama, she erased the actual age and
    inserted 18 in order to overcome Section 111 (2) (f) of the Act of
    1994 and Rule 62 of the Rules of 1995. The Petitioner on
    09.06.2025, submitted a complaint before the District
    Commissioner alleging that the Respondent No.5 got elected by
    Page No.# 22/68

    submitting a false document by concealing her actual age at the
    time of her marriage.

    9. The grievance of the Petitioner is that though the Petitioner
    submitted various complaints to the District Commissioner
    regarding the fraudulent participation in the election by the
    Respondent No.5, but the District Commissioner did not take any
    action, and it is under such circumstances, the writ petition was
    filed seeking directions upon the District Commissioner, South
    Salmara, Mankachar to remove the Respondent No.5 from the
    post of Member from the Ward No.14/10 of Dhanua Gaon
    Panchayat under Mankachar Zilla Parishad in the District of South
    Salmara, Mankachar and to hold re-election for the post of
    Member of Ward No.14/10 of village Dhanua Gaon Panchayat.

    10. The records reveal that pursuant to the filing of the instant
    writ petition, this Court issued notice vide an order dated
    19.12.2025 with an observation that pendency of the writ
    petition shall not be a bar for the Petitioner to file appropriate
    representation before the Secretary of the Gaon Panchayat in
    accordance with law.

    WP(C) No.6138/2025

    11. The Petitioner herein submitted her nomination paper for
    the post of the member from Ward No. 5, Village-Khopati on 28
    Page No.# 23/68

    No. Gotabari Khopatia Gaon Panchayat under Fekamari Anchalik
    Panchayat in the district of South Salmara, Mankachar. The
    Respondent No.6 had also submitted her nomination. The
    election was held on 07.05.2025 and the Respondent No.6 was
    declared as elected as Member from Gotabari Khopatia Gaon
    Panchayat on 11.05.2025.

    12. It is alleged by the Petitioner that the Respondent No.6 did
    not complete her H.S.L.C. examination from any High School
    under SEBA, and as such, she was not eligible for submitting the
    nomination paper as per Section 111(2)(b) of the Act of 1994
    and Rule 62(2) of the Rules of 1995.

    13. It is the further case of the Petitioner that the Petitioner
    submitted a complaint on 05.09.2025 before the District
    Commissioner, South Salmara, Mankachar, however, no action
    was taken. It is under such circumstances, the Petitioner has
    filed the instant writ petition seeking a direction upon the District
    Commissioner, South Salmara to remove the Respondent No.6
    from the post of the Member from Ward No.5 Village Khopati of
    Gotabari Khopatia Gaon Panchayat under Fekamari Anchalik
    Panchayat and to hold re-election for the post of the Member of
    Ward No.5 Village Khopati of Gotabari Khopatia Gaon Panchayat.

    14. The record reveals that this Court vide the order dated
    Page No.# 24/68

    31.10.2025 issued notice.

    WP(C) No.6170/2025

    15. The case of the Petitioner herein is that the Petitioner had
    contested for a post of Ward Member from 10 No. Chalakura
    Gaon Panchayat Constituency of Kalsabhanga Rowkhowa Gaon
    Panchayat. The Respondent No.8 also contested in the said
    election and the Respondent No.8 was declared elected as Ward
    Member. The Petitioner secured the second highest number of
    votes. It is the allegation of the Petitioner that the Respondent
    No.8 was disqualified to remain as Ward Member in view of her
    having more than two children beyond 19.03.2018.

    16. The records further show that the Respondent No.2 by an
    order dated 19.07.2025 had removed the Respondent No.8 as
    Ward Member. However, the order dated 19.07.2025 was put to
    challenge by the Respondent No.8 before this Court in WP(C)
    No.4492/2025 and this Court vide a judgment and order dated
    08.08.2025 set aside the order dated 19.07.2025 passed by the
    Respondent No.2 with a further direction to the Respondent No.2
    to proceed afresh based on the complaint lodged by the
    Petitioner by providing a copy of the complaint lodged and the
    enquiry report, if any, to the Respondent No.8 and further by
    providing a reasonable opportunity of hearing to the Respondent
    Page No.# 25/68

    No.8.

    17. The grievance of the Petitioner is that pursuant to such
    directions, the District Commissioner, Goalpara had not taken up
    the hearing, and as such, the Petitioner approached this Court
    seeking a direction upon the District Commissioner, Goalpara to
    hold a hearing on the matter and remove the Respondent No.8
    from the post of the Member of 12 No. Kasalbhanga Rowkhana
    Gaon Panchayat. Further to that, the Petitioner also sought for a
    direction upon the District Commissioner, Goalpara to declare the
    Petitioner as the winning candidate for the post of the Member
    of 12 No. Kalsabhanga Rowkhowa Gaon Panchayat from 10 No.
    Chalakura Gaon Panchayat Constituency. It is of relevance to
    observe that though the learned Coordinate Bench in the
    judgment and order dated 08.08.2025 in WP(C) No.4492/2025
    directed the District Commissioner to decide by following the
    principles of natural justice, but the learned Coordinate Bench
    did not go into the question as to whether the District
    Commissioner had the jurisdiction to disqualify in respect to an
    existing disqualification at the time of filing the nomination paper.

    18. The record reveals that this Court had issued notice vide an
    order dated 01.11.2025.

    Page No.# 26/68

    WP(C) No.7257/2025

    19. The Petitioner herein is a resident of Ward No.7 of 26 No.
    Sukchar Gaon Panchayat under 21No. Mankachar LAC. The wife
    of the petitioner, i.e. one Smti. Kashmira Begum had contested
    the recent Panchayat Election from Ward No.7 of 26 No. Sukchar
    Gaon Panchayat, but lost the election.

    20. The Respondent No.7 also contested for the post of
    Member of Ward No.7 of 26 No. Sukchar Gaon Panchayat and
    was declared elected. It is the case of the Petitioner that the
    Respondent No.7 had married one Abdus Samad when she was a
    minor thus violating the provisions of the Prohibition of Child
    Marriage Act, 2006
    .

    21. It is relevant at this stage to observe that the Petitioner

    claims that he knew that the Respondent No.7 had solemnized
    her marriage when she was a minor, but neither he nor his wife
    who was contesting the elections raised the issue during the
    scrutiny of the nomination nor filed an election petition. Rather,
    the Petitioner submitted a written petition to the Respondent
    No.2 on 21.08.2025 informing the latter with regard to the
    disqualification of the Respondent No.7 in terms with Section
    111(2)(f)
    of the Act of 1994 read with Rule 62(4)(b) of the Rules
    of 1995. As no action was taken by the Respondent No.2, the
    Page No.# 27/68

    Petitioner again on 29.10.2025 submitted another representation
    requesting the Respondent No. 2 to dispose of his earlier
    representation and initiate disqualification proceedings against
    the Respondent No.7. However, as the representations failed to
    evoke any action on the part of the Respondent No.2, the
    Petitioner had preferred the writ petition. The reason why the
    Petitioner had approached this Court for filing the writ petition is
    specifically mentioned at paragraph No.7 of the said writ petition.

    22. The reliefs sought by the Petitioner in the instant
    proceedings is also relevant to be taken note of. The writ
    Petitioner sought for a direction upon the Respondent No.2 to
    forthwith initiate disqualification proceedings against the
    Respondent No.7 for violation of the mandatory provisions
    contained in Section 111(2)(f) of the Act of 1994 read with Rule
    62(4)(b) of the Rules of 1995 and further to disqualify the
    Respondent No.7 from remaining as a member of 26 No. Sukchar
    Gaon Panchayat. The Petitioner has also sought for a writ in the
    nature of quo warranto thereby declaring the Respondent No.7 is
    not entitled to hold the post of President of 26No. Sukchar Gaon
    Panchayat. The writ of quo warranto sought for is relevant which
    this Court shall deal with it at a later stage.

    23. Upon the writ petition being filed, this Court vide an order
    dated 16.12.2025 issued notice.

    Page No.# 28/68

    24. The record reveals that an affidavit-in-opposition was filed
    by the Respondent No.7 denying to the various allegations made
    by the Petitioner as regards her date of birth as well as the date
    of her marriage. It is also mentioned in the said affidavit-in-
    opposition that the Respondent No.7 married to one Md. Abdus
    Samad on 24.06.2017 and their marriage was registered under
    the Special Marriage Act subsequently on 8.09.2025. The
    Certificate of Marriage which was issued by the Office of the
    Marriage Officer was enclosed as Annexure R-7(2) wherein it was
    mentioned that the marriage was registered on 08.09.2025
    having effect from 24.06.2017. It is also mentioned in the said
    Affidavit that the first child of the Respondent No.7 was born on
    24.04.2018 and the second child was born on 16.12.2020. In
    addition to that, the Respondent No.7 had also filed an additional
    affidavit on 16.02.2026. The Petitioner has also filed a
    consolidated affidavit-in-reply to the affidavit-in-opposition as
    well as the additional affidavit filed by the Respondent No.7.

    WP(C) No.4526/2025.

    25. The Petitioner herein is a voter of Ward No.8 (Hulashnagar
    Ward) under Patiala Gaon Panchayat of 5, Dullavcherra Anchalik
    Panchayat. The Respondent No.6 contested in the election to the
    post of Ward Member. The Respondent No.6 was declared as the
    returned candidate on 11.05.2025 to the post of Ward No.8
    Page No.# 29/68

    (Hulashnagar Ward) under Patiala Gaon Panchayat. It is alleged
    that the Respondent No. 6 had submitted a false affidavit stating
    her date of birth to be 15.03.2004 whereas her actual date of
    birth was 15.03.2006. It was further mentioned that the
    Respondent No.6 was only 19 years 17 days as on 02.04.2025,
    i.e. the date of filing of the nomination paper and the minimum
    age for contesting election to the post of Ward Member is 21
    years. It was also alleged that the Respondent No.6 was a minor
    on the date of solemnization of her marriage on 21.08.2022. A
    complaint was submitted on 30.06.2025 to the District
    Commissioner. However, as the complaint did not evoke any
    response, the present writ petition was filed.

    26. The record reveals that this Court vide an order dated
    11.08.2025 issued notice.

    WP(C) No.6200/2025.

    27. The Petitioner herein is a voter of Ward No. 6 of 70, Gandhai
    Brahman Sashan Gaon Panchayat in the district of Sribhumi and
    participated in the election to the post of Member of the said
    Ward. The Respondent No.7 also contested the election for
    Member of Ward No. 4 of 70, Gandhai Brahman Sashan Gaon
    Panchayat in the district of Sribhumi. The Respondent No.7 was
    declared elected as Member of Ward No. 7 of 70, Gandhai
    Page No.# 30/68

    Brahman Sashan Gaon Panchayat.

    28. It is the case of the Petitioner that the Respondent No.7 had
    submitted her certificate of Pravesika Examination, 2010 issued
    by the Secretary of Assam Sanskrit Board on 15.11.2011 at the
    time of the election before the Returning Officer. It is alleged that
    the Petitioner was confident that the Respondent No.7 had not
    passed any kind of examinations. Additionally, it is alleged that
    upon information received under the Right to Information Act,
    2005
    , the Petitioner could come to learn that the certificate so
    issued in favour of the Respondent No.7 was a forged document.
    The Petitioner thereupon submitted representations on
    09.07.2025 and 11.07.2025 before the Block Development
    Officer, Malegarh Development Block and District Commissioner,
    Sribhumi praying to take action against the Respondent No.7. As
    no action was taken, the Petitioner filed the writ petition for
    quashing the candidature of the membership of the Respondent
    No.7 of Ward No. 4 of 70, Gandhai Brahman Sashan Gaon
    Panchayat and further seeking a Writ of Mandamus directing the
    District Commissioner to consider and dispose of the
    representations dated 09.07.2025 and 11.07.2025.

    29. At this stage, it is very pertinent to take note of that this
    Court vide an order dated 03.12.2025 directed the Standing
    Counsel of the Education Department to obtain instructions from
    Page No.# 31/68

    the Assam Sanskrit Board regarding genuineness or otherwise of
    the pass certificate of Pravesika Examination, 2010 as regards
    the result of the Respondent No.7. On 27.02.2026, Mr. T.
    Thakuria, the learned Standing Counsel appearing on behalf of
    the Department of School Education placed before this Court an
    instruction dated 12.02.2026 stating that the certificate of the
    Respondent No.7 was a genuine certificate. The said instruction
    has been kept on record and marked with the letter ‘X’. The
    certificate which was confirmed by the Department of School
    Education is Annexure-3 to the writ petition.

    WP(C) No.282/2026

    30. The Petitioners herein are elected Members of the Gram
    Panchayat Election, 2025 from Group Nos.01, 05, 07 & 10 of
    Dholai Molai Gaon Panchayat in the district of Hailakandi,
    Sribhumi. The Respondent No.6 was elected as the Member from
    Group 03 and the Respondent No.7 was elected from Group 02
    of the Dholai Molai Gaon Panchayat. It is the allegation of the
    Petitioners that both the Respondent Nos.6 & 7 have submitted
    fake educational qualification certificates and have also violated
    the provisions of the Prevention of Child Marriage Act, 2006. It is
    relevant to take note of that the grievance of the Petitioners in
    the writ petition against the Respondent Nos.6 & 7 as regards
    their election as Members of Group 03 and Group 02 of Dholai
    Page No.# 32/68

    Molai Gaon Panchayat respectively is primarily on the ground
    that the Respondent Nos.8 & 9 were elected as the President
    and Vice President of Dholai Molai Gaon Panchayat under Lala
    Development Block on the basis of the votes secured from the
    Respondent Nos.6 & 7. Be that as it may, a representation was
    submitted on 03.07.2025 before the District Commissioner.
    However, the said representation was not taken into
    consideration. The Petitioner thereupon submitted another
    representation on 26.11.2025 before the District Commissioner
    seeking disqualification of the candidatures of the Respondent
    Nos.6 and 7 as well as the consequential selection of the
    President and Vice President owing to participation of illegally
    elected members on account of their violation of the eligibility
    conditions prescribed for candidates in the Assam Panchayat
    Election, 2025 as per the Act of 1994 and the Rules of 1995. The
    said representations have not been considered, and it is under
    such circumstances, the present writ petition was filed for setting
    aside and quashing the improper acceptance of defective
    nominations and consequential election of the Respondent No.6
    & 7 as Members of Dholai Molai Gaon Panchayat. The Petitioners
    have also sought for quashing of the impugned Minutes of the
    First meeting dated 04.07.2025 of the Dholai Molai Gaon
    Panchayat whereby the election of the Respondent Nos.6 & 7
    Page No.# 33/68

    were accepted and they were administered oath. The Petitioners
    have also challenged the selection of the Respondent Nos.8 & 9
    as President and Vice President of Dholai Molai Gaon Panchayat
    in the selection process owing to participation of the Respondent
    Nos.6 & 7 whose candidatures were liable to be disqualified
    under Rule 62 of the Rules of 1995.

    31. This Court vide an order dated 21.01.2026 issued notice.

    32. The above batch of writ petitions which are referred to as the
    first set of writ petitions would show that the petitioners have
    been filed by the writ petitions challenging the election of the
    returned candidates on account of pre-existing disqualifications
    at the time of submission of the nomination papers during the
    Panchayat Election, 2025. The grievance of the petitioners in
    these writ petitions was the inaction on the part of the District
    Commissioner to act upon their representations filed and initiate
    disqualification proceedings against the returned candidates.

    33. This Court now finds it relevant to take note of the two other
    writ petitions which are hereinafter referred to as the second set
    of writ petitions. In these writ petitions, the challenge made is to
    the orders of the District Commissioners who in exercise of the
    powers under Rule 62 of the Rules of 1995 disqualified the writ
    petitioners in both the writ petitions. The facts are detailed
    Page No.# 34/68

    herein under.

    WP(C) No.5773/2025

    34. The Petitioner herein is aggrieved by the order dated
    09.07.2025 passed by the District Commissioner, Morigaon
    whereby the Petitioner was disqualified and removed from the
    post of Ward Member of Ward No.7 under Doloigaon Gaon
    Panchayat in the district of Morigaon.

    35. It is the case of the Petitioner herein that pursuant to a notice
    of election published on 03.04.2025, the Petitioner participated in
    the election to the post of Ward Member of Ward No.7 under
    Doloigaon Gaon Panchayat by submitting her nomination. Along
    with the petitioner, the other candidates who submitted
    nominations, their nominations were scrutinized and the names
    of the valid contesting candidates were published on 17.04.2025.
    In respect to Ward No.7 under Doloigaon Gaon Panchayat, there
    were four numbers of candidates including the petitioner. The
    polling was held on 07.05.2025 and counting took place on
    11.05.2025. After the counting was over, the Petitioner was
    declared as the returned candidate having secured 321 votes in
    comparison to the second candidate who secured 295 votes, the
    third candidate who secured 155 votes and the fourth candidate
    who secured 98 votes. The Petitioner thereupon was issued the
    Page No.# 35/68

    return of election as per Rule 44(7) of the Rules of 1995.

    36. The Respondent No.4 in the instant proceedings, i.e. the Co-
    District Commissioner, Laharighat Co-District, issued a notice
    dated 05.07.2025 thereby directing the Petitioner to appear in
    person for enquiry on 08.07.2025 at the Office of the Co-District
    Commissioner, Laharighat along with the Aadhar Card, Voter ID
    including spouse/children. The petitioner, however, could not
    appear on the date so directed in the notice dated 05.07.2025 as
    the Petitioner was undergoing medical treatment at Aditya
    Hospital from 07.05.2025 to 09.07.2025. The Petitioner through
    her husband requested another date for appearance of the
    petitioner.

    37. On 10.07.2025, when the Petitioner went to the Office of
    Doloigaon Gaon Panchayat to attend the meeting at 11:00 AM,
    the Respondent No.5 entered the Office at around 11:30 AM, just
    prior to the start of the formal meeting and handed over the
    order dated 09.07.2025 to the Authorized Officer who in turn
    handed over the same to the Petitioner and asked her to leave
    the Office as she was no longer the Member of the Gaon
    Panchayat. A perusal of the impugned order dated 09.07.2025
    shows that the Petitioner herein was disqualified as per the
    provisions of Section 111(2)(f) of the Act of 1994 read with Rule
    62(4)(b) and (c) of the Rules of 1995 on the ground that from
    Page No.# 36/68

    the enquiry so conducted by one Sri Pramod Sarmah, ACS,
    Assistant Commissioner, it was found that the Petitioner was 16
    years 6 months 29 days when she entered into marriage with
    Shoriful Islam elected Member of Ward No.5 of Doloigaon Gaon
    Panchayat and she had not completed 18 years of age when she
    married to Shoriful Islam and it is a matter of minor marriage.
    Being aggrieved, the Petitioner has approached this Court by
    filing the present writ petition.

    38. This Court vide an order dated 25.09.2025 while issuing
    notice, stayed the impugned order dated 09.07.2025. The interim
    order was subsequently extended vide an order dated
    29.10.2025. An application being I.A.(C) No.3931/2025 was filed
    in the instant proceedings by one Gulzar Hussain, who is the
    Respondent No.8 for vacation of the interim order dated
    25.09.2025 on the ground that the writ petition not only lacks
    merit but also based upon suppression of material facts.

    WP(C) No.5815/2025

    39. The Petitioner herein is aggrieved by the order dated
    09.07.2025 passed by the District Commissioner, Morigaon
    whereby the Petitioner was disqualified and removed from the
    post of Ward Member of Ward No.5 under 49 No. Doloigaon
    Gaon Panchayat in the district of Morigaon.

    Page No.# 37/68

    40. It is the case of the Petitioner herein that pursuant to a notice
    of election published on 03.04.2025, the Petitioner participated in
    the election to the post of Ward Member of Ward No.5 under 49
    No.Doloigaon Gaon Panchayat by submitting her nomination.
    Along with the petitioner, the other candidates who submitted
    nominations, their nominations were scrutinized and the names
    of the valid contesting candidates were published on 17.04.2025.
    In respect to Ward No.5 under Doloigaon Gaon Panchayat, there
    were 3 candidates including the petitioner. The polling was held
    on 07.05.2025 and counting took place on 11.05.2025. After the
    counting was over, the Petitioner was declared as the returned
    candidate having secured 365 votes in comparison to the second
    candidate who secured 307 votes and the third candidate who
    secured 188 votes. The Petitioner thereupon was issued the
    return of election as per Rule 44(7) of the Rules of 1995.

    41. The Respondent No.4 in the instant proceedings, i.e. the Co-
    District Commissioner, Laharighat Co-District, issued a notice
    dated 05.07.2025 thereby directing the Petitioner to appear in
    person for enquiry on 08.07.2025 at the Office of the Co-District
    Commissioner, Laharighat along with the Aadhar Card, Voter ID
    including spouse/children. The petitioner, however, could not
    appear on the said date so directed in the notice dated
    05.07.2025 as the Petitioner was undergoing medical treatment
    Page No.# 38/68

    at Nidan Hospital, Nagaon from 07.07.2025 to 09.07.2025.
    This aspect was brought to the attention of the Respondent No.4
    by the advocate of the Petitioner.

    42. On 10.07.2025, when the Petitioner went to the Office of
    Doloigaon Gaon Panchayat to attend the meeting at 11:00 AM,
    the Respondent No.5 entered the Office at around 11:30 AM, just
    prior to the start of the formal meeting and handed over the
    order dated 09.07.2025 to the Authorized Officer who in turn
    handed over the same to the Petitioner and asked her to leave
    the Office as she was no longer the Member of the Gaon
    Panchayat. A perusal of the impugned order dated 09.07.2025
    shows that the Petitioner herein was disqualified as per the
    provisions of Section 111(2)(f) of the Act of 1994 read with Rule
    62(4)(b) and (c) of the Rules of 1995 on the ground that one
    Jaheda Begum entered into a marriage with the Petitioner on
    30.06.2012 when she was not eighteen years of marriage. Being
    aggrieved, the Petitioner has approached this Court by filing the
    present writ petition.

    43. This Court vide an order dated 26.09.2025 while issuing
    notice, stayed the impugned order dated 09.07.2025. The interim
    order was subsequently extended vide an order dated
    29.10.2025 and an application being I.A.(C) No.4055/2025 was
    filed in the instant proceedings by one Gulzar Hussain, who is the
    Page No.# 39/68

    Respondent No.8 for vacation of the interim order dated
    26.09.2025 on the ground that the writ petition not only lacks
    merit but also suppresses various material facts.

    44. The facts in the above two writ petitions being WP(C)
    No.5773/2025 and WP(C) No.5815/2025 would show that not
    only the impugned orders dated 09.07.2025 violates the mandate
    of the principles of natural justice as no opportunity of hearing
    was granted to the Petitioners in both the writ petitions, but also
    the impugned orders are passed by the District Commissioner,
    Morigaon, i.e. the Respondent No.2 in respect to an alleged
    disqualification which existed at the time of submission of the
    nomination papers by the Petitioners.

    45. In the backdrop of the above, let this Court now take note of
    the judgment passed by this Court in the case of Aysha Khatun
    (supra).
    In the case of Aysha Khatun (supra), the Petitioner
    therein was disqualified under Section 111(2)(f) of the Act of
    1994 read with Rule 62(4)(b) and (c) of the Rules of 1995 vide
    an order dated 09.12.2025 passed by the District Commissioner,
    Goalpara.

    46. This Court while deciding the said dispute, formulated three
    Points for Determination which included as to whether the
    District Commissioner had the authority and jurisdiction to pass
    Page No.# 40/68

    the order dated 09.12.2025 thereby disqualifying the petitioners
    in the said writ petition. This Court has duly taken note of the
    provisions of Chapter IX of the Constitution and more particularly
    to Article 243F of the Constitution and Section 111 of the Act of
    1994. This Court further took note of Rule 62 of the Rules of
    1995 and analyzed the provisions therein. Upon analyzing the
    provisions of Article 243F of the Constitution read with Section
    111(1)(h)
    of the Act of 1994 and Rule 62 of the Rules of 1995,
    this Court categorically observed that the District Commissioner
    cannot assume jurisdiction on his own. There is a requirement of
    a reference to be made in the manner prescribed in Rule 62 of
    the Rules of 1995. Paragraph Nos.51 and 52 of the said
    judgment
    , being relevant, is reproduced herein under:-

    “51. From a perusal of the above-quoted Rule, it shows that subject to

    the provisions of the Act of 1994, at the time of filing nominations,
    the candidates are required to furnish affidavit regarding their age
    at the time of their marriage, failing which, the concerned
    candidates shall be disqualified. The said Sub-Rule 62(4)(a) of the
    Rules of 1995 makes it clear that at the time of filing nominations,
    the candidates are required to furnish affidavit regarding their age
    at the time of marriage and non-furnishing of such affidavit would
    lead to disqualification. The said Sub-Rule, however, does not say
    anything about the disclosure the age of the candidate’s spouse.
    Clause (b) of Rule 62(4) of the Rules of 1995 is in reference to
    Page No.# 41/68

    Article 243-F(2) of the Constitution and Section 111(1)(h) of the Act
    of 1994 inasmuch as the Authority to remove the President,
    VicePresident, or Member of the Zilla Parishad, Anchalik Panchayat,
    or Gaon Panchayat is conferred upon the State Government or the
    concerned District Authority. Rule 62(4)(c) of the Rules of 1995 is
    also in reference to Section 111(1)(h) of the Act of 1994 thereby
    prescribing the manner in which the Reference would be made to
    the Authority who would decide the question of disqualification. A
    perusal of the said Sub-Rule reveals that the Gaon Panchayat
    Secretary, on receipt of information of such underage or minor
    marriage, in respect of the President, Vice-President, or Member of
    the Gaon Panchayat shall inform the matter to the concerned Block
    Development Officer, who in turn shall inform the concerned District
    Commissioner through the Chief Executive Officer of the Zilla
    Parishad. The prescription contained in Rule 62(4)(c) of the Rules of
    1995 does not prescribe that the District Commissioner on its own
    can exercise the jurisdiction of the Authority. Rather it stipulates that
    upon the reference made in the manner stipulated in Rule 62(4)(c)
    of the Rules of 1995, the District Commissioner can exercise the
    jurisdiction.

    52. A reading of Rule 62(1) (f), (g) & (h), Rule 62(3) (c), (d) & (e) as
    well as 62(4)(c), (d), and (e) of the Rules of 1995 stipulates the
    manner in which the question of disqualification of a member of a
    Panchayat body can be referred for decision to the Authority. In
    other words, the Parliament, the State Legislature as well as the
    State Government were of the view that the disqualification
    Page No.# 42/68

    proceedings have to be referred to the Authority for decision, and
    not that the Authority competent to decide could assume such
    jurisdiction on its own. The question therefore arises as to whether
    the Respondent No. 4 could have at all initiated an enquiry and
    passed the impugned order without a Reference made in terms with
    Rule 62(4)(c) of the Rules of 1995. The answer has to be in the
    negative for the simple reason that when the prescription mentions
    a particular mode, the same ought to be followed.”

    47. Apart from deciding the question that the District
    Commissioner cannot assume jurisdiction without a reference
    being made, this Court in the case of Aysha Khatun (supra) also
    went into the question whether the District Commissioner had
    the competence and jurisdiction to pass an impugned order of
    disqualification in a case where the disqualification was existed at
    the time of submission of the nomination papers, or in other
    words, as to whether an improper acceptance of a nomination
    paper can be a question which can be decided by the District
    Commissioner subsequent to the election under Section 111 of
    the Act of 1994.
    This Court in the case of Aysha Khatun (supra)
    referred to various judgments of the Supreme Court including the
    judgment rendered in the case of Consumer Education and
    Research Society vs. Union of India and Others
    , reported in (2009) 9

    SCC 648. Paragraph Nos.53 to 76 of the judgment in the case of

    Aysha Khatun (supra) being relevant are reproduced herein
    Page No.# 43/68

    under:-

    “53. Be that as it may, the question still looms as to whether the

    District Commissioner had the competence and jurisdiction to pass
    the impugned order de hors the fact that the District Commissioner
    could not have assumed jurisdiction without a reference being
    made.

    54. For deciding the said question, it is necessary to take into
    consideration some of the provisions of the Constitution of India, Act
    of 1994, Act of 1951, Conduct of Election Rules, 1961 and the Rules
    of 1995. Before proceedings on the said analysis, this Court finds it
    relevant to quote Rule 45Z of the Rules of 1995.

    “45Z. Applicability of Central Rules, statutory orders, etc:- (1)

    Without prejudice to the foregoing provisions, wherever no
    specific provisions with respect to the use of electronic voting
    machines at elections is made, the corresponding provisions
    related to voting in these rules shall mutatis mutandis apply in
    such cases.

    (2) Without prejudice to the foregoing provisions, wherever no
    specific provisions are made in these rules, the provisions of
    the Conduct of Elections Rules, 1961 and the Representation
    of People Act, 1951
    (Act No. 43 of 1951) shall apply from time
    to time and the instructions, statutory orders and clarifications
    issued by the Election Commission of India shall mutatis
    mutandis apply for the cases under these rules.”

    In the backdrop of the above, let this Court analyze the provisions of
    Page No.# 44/68

    the Constitution, the Act of 1994, Act of 1995, Conduct of Election
    Rules, 1961 as well as the Rules of 1995.

    55. Section 114 of the Act of 1994 stipulates that the
    superintendence, direction and control of the preparation of the
    Electoral roll for and the conduct of all elections to the Panchayat
    shall be vested in a State Election Commission consisting of a State
    Election Commissioner to be appointed by the Governor. Sub-Section
    (4) of Section 114 of the Act of 1994 stipulates that the various
    officers, i.e the Returning Officers, Assistant Returning Officers,
    Presiding Officers, Polling Officers, and any other officer appointed
    under the Act of 1994 and any Police Officers designated for the
    time being by the State Government for the conduct of the
    Panchayat Election shall be deemed to be on deputation to the State
    Election Commission for the period commencing on and from the
    date of the Notification calling for the Panchayat Election and ending
    with the date of declaration of the results of the election and such
    officers shall, during this period be subject to the control,
    superintendence, and discipline of the State Election Commission.
    Sub-Section 5 of Section 114 of the Act of 1994 stipulates that
    subject to the provisions of the Constitution of India, the State
    Legislature may by law, make provision with respect to all matters
    relating to, or in connection with the Election to the Panchayats.

    At this stage, it is apposite to observe that Section 114 of the Act
    of 1994 has its roots embedded in Article 243-K of the Constitution.
    Clause (4) of Article 243-K of the Constitution empowers the State
    Legislature to make provisions with respect to all matters relating to
    Page No.# 45/68

    or are in connection with, elections to the Panchayats.

    It is under such circumstances, various provisions have been
    made in the Act of 1994 which relates to or in connection with
    elections to Panchayat.

    56. Chapter-XI of the Act of 1994 is with the heading “Miscellaneous”.
    Section 127 of the Act of 1994 stipulates that the Government shall
    constitute such Panchayat Election Tribunals as may be necessary,
    on the recommendation of the High Court to dispose of all direct
    election petitions challenging election under the Act of 1994. Section
    127A to Section 127P of the Act of 1994 relates to various offences
    and penalties. Section 127Q confers jurisdiction upon the competent
    Court to try any offence under the Act of 1994. Section 127R of the
    Act of 1994 stipulates that such offences under the Act of 1994 may
    be tried summarily in the manner provided for summary trial under
    the Code of Criminal Procedure, 1973.

    57. Section 129 of the Act of 1994 is of relevance and as such, the
    same is reproduced herein under:

    “129. Bar to interference by Courts in electoral matters:-

    Notwithstanding anything contained in this Act-

    (a) the validity of any law relating to the delimination of
    constituencies on the allotment of seats to such
    constituencies, made under Article 243 of the Constitution of
    India shall not be called in question in any Court;

    (b) no election to any Panchayat shall be called in question
    except by an election petition presented within sixty days from
    Page No.# 46/68

    the date of declaration of election results to the Tribunal
    constituted under Section 127.”

    58. For the purpose of the present dispute, this Court is not
    concerned with Section 129(a) of the Act of 1994. Clause (b) of
    Section 129 of the Act of 1994 specifically mandates that no election
    to any Panchayat shall be called in question except by way of an
    election petition presented within 60 (sixty) days from the date of
    declaration of the election results to the Tribunal constituted under
    Section 127 of the Act of 1994. In other words, an election to any
    Panchayat can be called in question only by way of an election
    petition, that too, presented within 60 (sixty) days from the date of
    declaration of the results to the Election Tribunal. It is also very
    pertinent to take note of the fact that Section 129 of the Act of 1994
    provides opportunities to the person aggrieved to challenge the
    election result, but in doing so, an election petition has to be
    presented within 60 (sixty) days before the Tribunal.

    59. The edifice of Section 129 of the Act of 1994 is in Article 243-O of
    the Constitution of India which bars interference by Courts in
    electoral matters. The said Article, being relevant, is reproduced
    herein under:

    “243O. Bar to interference by courts in electoral matters .–

    Notwithstanding anything in this Constitution,–

    (a) the validity of any law relating to the delimitation of
    constituencies or the allotment of seats to such constituencies,
    made or purporting to be made under article 243K, shall not
    Page No.# 47/68

    be called in question in any court; (b) no election to any
    Panchayat shall be called in question except by an election
    petition presented to such authority and in such manner as is
    provided for by or under any law made by the Legislature of a
    State.”

    60. Article 243-O of the Constitution of India as a whole starts with a
    non-obstinate Clause i.e. “Notwithstanding anything in this
    Constitution”, and in terms with Clause (b) of Article 243-O no
    election to any Panchayat shall be called in question except by an
    election petition presented to such Authority and in such manner as
    is provided for by or under any law made by the Legislature of the
    State. The law made by the Legislature of the State in the instant
    case would be the Act of 1994. At this stage, it is also apposite to
    observe that Section 141 of the Act of 1994 empowers the State
    Government to make Rules. It is in exercise of the powers under
    SubSection(1) of Section 141 of the Act of 1994, that the Rules of
    1995 were made. The Rules of 1995 deal inter alia with delimitation
    of the Panchayat constituencies as well as elections to the
    Panchayats including elections to the President, Vice President at
    any of the levels of the Panchayats.

    61. Rule 45Z of the Rules of 1995 has been already quoted herein
    above. By the said Rule, the provisions of the Act of 1951, the
    Conduct of Election Rules, 1961, the instructions, statutory orders
    and clarifications issued by the Election Commission of India are
    adopted where there is no specific provision provided in the Rules.

    62. This Court, at this stage would take note of Article 329(b) of the
    Page No.# 48/68

    Constitution of India, which is also pari materia to Article 243-O of
    the Constitution of India and to some extent to the provisions of
    Section 129 of the Act of 1994. The observations of the Supreme
    Court in the case of N.P. Ponnuswami Vs. Returning Officer,
    Namakkal Constituency & Others
    reported in (1952) 1 SCC 94 wherein

    the Bench comprising of 6 (six) Hon’ble Judges of the Supreme
    Court deliberated upon as regards the scope of Article 329(b) of the
    Constitution of India is of relevance.

    63. His Lordship Justice Fazl Ali, J., (as His Lordship then was)
    authoring the judgment observed that even the invocation of the
    extraordinary jurisdiction of the High Court under Article 226 of the
    Constitution of India, in respect to a challenge to an election, would
    be contrary to the Scheme of Part XV of the Constitution of India
    and the Act
    of 1951. His Lordship opined that Article 329(b) of the
    Constitution of India was apparently enacted to prescribe the
    manner in which and the stage at which, the grounds which may be
    raised under law to call an election in question could be urged. It
    was observed that by necessary implication from the language of
    Article 329(b) of the Constitution of India read with the grounds
    mentioned in the Act of 1951, such grounds cannot be urged in any
    other manner, at any other stage, or before any other Court. It was
    further observed that if the grounds on which an election can be
    called in question could be raised at an early stage and errors, if
    any, are rectified, there would be no meaning in enacting a provision
    like Article 329(b) of the Constitution of India and in setting up a
    Special Tribunal. Any other meaning ascribed to the words used in
    Page No.# 49/68

    Article 329(b) of the Constitution of India would lead to anomalies
    which the Constitution could not have contemplated, one of them
    being that conflicting views might be expressed by the High Court at
    pre-polling stage and by the Election Tribunal, which is an
    independent body, at the stage when the matter is brought before
    it.

    64. This Court also finds it pertinent to take note of the observations
    of His Lordship V.R. Krishna Iyer, J., (as His Lordship then was), in
    the judgment of the Constitution Bench of the Supreme Court in the
    case of Mohinder Singh Gill (supra), wherein His Lordship observed
    that an election dispute is not like an ordinary lis between private
    parties. The entire electorate is vicariously and not inertly, before
    the Court. His Lordships observed that election disputes is a species
    of cases which can be called as collective litigation, where judicial
    activism assures justice to the constituency, safeguards the purity of
    the system and decides the rights of the candidates.

    65. In both the judgments i.e. in the cases of N.P. Ponnuswami
    (supra) and in Mohinder Singh Gill (supra), the Supreme Court

    categorically opined that the result of an election can be challenged
    only by way of an election petition thereby presenting it to such
    authority and in such manner as may be provided for by or under
    any law made by the appropriate Legislature. Insofar as Article
    329(b)
    of the Constitution of India is concerned, the appropriate
    legislation so made is the Act of 1951.

    66. It is the opinion of this Court that insofar as Article 243-O of the
    Constitution of India is concerned, the same principles would apply.

    Page No.# 50/68

    In other words, election to a Panchayat can only be called in
    question by way of an election petition and taking into account
    Section 129 of the Act of 1994, such election can be called in
    question by presenting an Election Petition to the Election Tribunal
    constituted under Section 127 of the Act of 1994. The above opinion
    of this Court finds support from the judgment of the Supreme Court
    in the case of Dravida Munnetra Kazhagam (DMK) Vs. State of Tamil
    Nadu
    reported in (2020) 6 SCC 548 as well as State of Goa & Another

    Vs. Fouziya Imtiaz Shaikh & Another reported in (2021) 8 SCC 401.

    67. Now in the above backdrop, the question arises as to what
    disputes come within the meaning of calling in question an election.
    This aspect is important inasmuch as such dispute can only be
    decided by the Election Tribunal and not by any other Court or
    Authority. For understanding the said aspect, this Court finds it
    relevant to note the interplay between Article 243-F of the
    Constitution and Section 111 of the Act of 1994 with Article 243-O
    of the Constitution, Section 129 of the Act of 1994, the Rules of
    1995 and the Act of 1951.

    68. In the previous segments of the instant judgment, this Court had
    dealt with Article 243-F of the Constitution wherein it is stipulated
    that a candidate would be disqualified for being chosen as, and for
    being a member of the Panchayat if the candidate suffers
    disqualification in terms with Article 191 of the Constitution as well
    as Section 111 of the Act of 1994 wherein the disqualifications
    mentioned may be solely,

    (i) occurring at the time of election or,
    Page No.# 51/68

    (ii) at the time of the election or subsequent to the elections; or

    (iii) subsequent to the elections.

    69. Similarly, a reading of Article 191 of the Constitution would show
    that the disqualifications mentioned in Sub-Clauses (a) to (d) of
    Article 191(1) of the Constitution can be at the time of election i.e.
    submission of the nomination paper or subsequent to the election. It
    is also apposite to mention that Article 191(1)(e) of the Constitution
    stipulates that a candidate may be disqualified by or under any law
    made by the Parliament. In that respect, reference to Chapter III of
    the Act
    of 1951 may be made which refers to various forms of
    disqualifications which can occur at the time of election i.e.
    submission of the nomination paper or subsequent to the elections.

    70. At this stage, it is also apposite to take note of Rule 22 of the
    Rules of 1995 which stipulates “Filing and Scrutiny of Nomination
    Paper Form IIA and IIB”. A perusal of the said Rule and more
    particularly Rule 22(1) of the Rules of 1995 stipulates that any
    person whose name appears in the list of voters of any of the
    constituencies of a Gaon Panchayat or Zilla Parishad as published
    under Rule 11 of the Rules of 1995 and who is not disqualified
    under Section 111 of the Act of 1994 may be nominated as a
    candidate from the concerning Zilla Parishad or Gaon Panchayat
    Constituency as the case may be.

    The said Sub-Rule also stipulates that the nomination paper be
    delivered either by the candidate or by his/her proposer to the
    Officer authorized by the Deputy Commissioner or the Sub-Divisional
    Page No.# 52/68

    Officer as the case may be.

    Sub-Rule (2) of Rule 22 of the Rules of 1995 is very relevant for
    the purpose of the present analysis and as such the same is
    reproduced herein under:

    “(2) The Officer as may be authorised under sub-rule (1), shall

    not be below the Gazetted rank and shall be appointed with
    prior approval of the State Election Commission. Such Officer
    shall-

    (a) examine the nomination papers on the date, time and place
    notified for the purpose under the Rule;

    (b) give the candidate or his proposer reasonable opportunity to
    examine the nomination paper and shall decide on the spot,
    the objections, if there be any, by summary enquiry. He may
    either on his own initiative or an objections raised, reject any
    nomination on any of the following grounds-

    (i) that the candidate is not qualified under the provisions of the
    act;

    (ii) that he is disqualified from being chosen to fill the office or
    that he is disqualified since requisite amount of security
    deposit has not been paid;

    (iii) that there has been failure to comply with any of the
    provisions of these Rules; and

    (iv) that the signature or thumb-impression of the candidate or
    the proposer is not genuine.

    Page No.# 53/68

    Provided that nothing in sub-clauses (iii) and (iv) above shall be
    deemed to authorise the rejection of the nomination paper of any
    candidate on the ground of irregularity in respect of a nomination
    paper, if the candidate has been duly nominated by means of other
    nomination paper in respect of which no irregularity has been
    committed.”

    71. A perusal of the above quoted Sub-Rule shows that the officer
    as authorized under Sub-Rule (1) of Rule 22 of the Rules of 1995
    shall examine the nomination paper. The Officer further also shall by
    affording reasonable opportunity to the candidate or his/her
    proposer decide the objections to the nomination paper and if
    necessary by carrying out a summary enquiry. The Officer shall also
    examine as to whether the candidate is qualified or the candidate is
    disqualified from being chosen to fill the office. The officer is
    authorized to reject the nomination if the candidate amongst others
    is found to be disqualified. This Sub-Rule(2) of Rule 22 of the Rules
    of 1995 is akin to Section 36 of the Act of 1951.

    From the above, it would show that the Officer Authorized is
    competent to either accept the nomination or reject the nomination
    for varied reasons including on an examination as to whether the
    candidate is disqualified or not. The bar contained in Article 243-O
    of the Constitution which is similar to Article 329(b) of the
    Constitution as well as Section 129 of the Act of 1994, do not permit
    the candidate or any person aggrieved to assail the acceptance of
    the nomination paper or rejection of the nomination paper unless
    the elections are over. The said provide further mandate challenging
    Page No.# 54/68

    the said aspect by way of an election petition to be submitted
    before the Election Tribunal within 60 (sixty) days from the date of
    declaration of the result. At this stage, it is of importance to again
    refer to the judgment of the Supreme Court in the case of N.P.
    Ponnuswami
    (supra) wherein the 6 (six) Hon’ble Judges of the
    Supreme Court per curiam held that the word “election” has been
    used in Part-XV of the Constitution of India in a wide sense to
    connote the entire procedure to be gone through to return a
    candidate to Legislature. It was also observed that improper
    rejection of the nomination paper is a part of the election process
    and challenge to the same is only permissible by way of an election
    petition and not by way of a writ petition. It is also important to
    note that improper acceptance of a nomination of a return
    candidate or improper rejection of a nomination are grounds
    available under Section 100 of the Act of 1951 from declaring an
    election void.

    72. In the backdrop of the above observations of the Supreme
    Court, it is relevant to note that the Act of 1994 as well as the Rules
    of 1995 do not mention what are the grounds to be urged for
    declaring an election void. However, in view of Rule 45Z of the Rules
    of 1995, the Act of 1951 has been adopted to fill in those gaps
    where specific provisions have not been made in the Rules of 1995.
    Under such circumstances, Section 100 of the Act of 1951 would
    apply as regards an election petition to be filed calling in question
    an election and the grounds mentioned in Section 100 of the Act of
    1951 can only be urged in an election petition for declaration of an
    Page No.# 55/68

    election to be void. In this regard special reference can be made to
    Section 100(1) (d)(i) of the Act of 1951 which stipulates where the
    results of an election insofar as it concerns the returned candidate
    have been materially affected by improper acceptance of nomination
    would be a ground for declaring an election void.

    73. Now therefore the pivotal question is, if a candidate who
    incurred a disqualification at the time of submitting the nomination
    that is at the time of elections by virtue of Article 191 of the
    Constitution of India or Chapter-III of the Act of 1951 or Section
    111
    of the Act of 1994 but the nomination paper was accepted by
    the Officer Authorized to do so, can this aspect be looked into by
    the Authority to whom a reference is made to decide the question of
    disqualification?

    74. The answer has to be in the negative inasmuch as a candidate
    who had incurred disqualification at the time of the election i.e.
    submission of the nomination paper, but the nomination paper was
    accepted would be a case of an improper acceptance of a
    nomination. This improper acceptance of the nomination being a
    part of the election process, the same has to be challenged by way
    of an election petition by presenting the same before the Election
    Tribunal within the period of 60 (sixty) days from the date of
    declaration of the results. Failure to challenge the improper
    acceptance of a nomination by way of an election petition would
    result in the returned candidate continuing to remain as a Member
    of the Panchayat. This Court at this stage finds it relevant to again
    refer to the judgment of the Supreme Court in the case of
    Page No.# 56/68

    Consumer Education and Research Society (supra) wherein
    the Supreme Court at paragraph No. 50 makes the aforesaid
    principles absolutely clear. Paragraph No. 50 of the said judgment is
    reproduced herein below:

    “50. Thus, it is clear that where a person was under a
    disqualification at the time of his election, the provisions of
    Articles 101(3)(a) and 103 will not apply. He/She will continue
    as a Member unless the High Court in an election petition filed
    on that ground, declares that on the date of election, he/she
    was disqualified and consequently, declares his/her election to
    be void. It follows, therefore, that if an elected candidate was
    under a disqualification when he was elected, but no one
    challenges his/her election, he/she would continue as a
    Member irrespective of the fact that he/she was under a
    disqualification when elected.”

    75. In the instant case, even assuming that the Petitioner had
    incurred disqualification on account of having married below the
    legal age as provided under the Prohibition of Child Marriage Act,
    2006
    , the said disqualification was not taken into account while
    scrutinizing the nomination paper of the Petitioner by the Officer
    Authorized and consequently, the Petitioner contested the election
    and was elected as the Member of the concerned Gaon Panchayat.
    Under such circumstances, the case against the Petitioner at best
    would be a case of improper acceptance of her nomination paper.
    The improper acceptance of the nomination is a ground for
    declaring the election void and the same has to be challenged by
    Page No.# 57/68

    way of an election petition presented to the Election Tribunal within
    60 (sixty) days from the date of the result of the elections. The
    Authority under Article 243-F(2) of the Constitution of India as well
    as Section 111(1)(h) of the Act of 1994 cannot usurp the jurisdiction
    of the Election Tribunal to decide a question of disqualification which
    the candidate incurred at the time of election i.e. at the time of
    submission of the nomination paper. The jurisdiction of the Authority
    under Article 243-F(2) of the Constitution as well as Section 111(1)

    (h) of the Act of 1994 would be only in respect to disqualification
    which occurred subsequent to the elections. 76. In the instant case,
    the marriage of the Petitioner as per the Petitioner was 05.01.2015.
    The Respondent No. 4 opined that the marriage of the Petitioner
    must have been prior to 06.01.2013 as the Petitioner’s first child
    was born on 06.01.2013. Even assuming that the said findings are
    correct as observed by the Respondent No. 4, the Petitioner would
    be deemed to have incurred disqualification on the date of the
    elections but in spite of the same, the nomination of the Petitioner
    was accepted by the Officer Authorized and the Petitioner was
    permitted to contest the elections. The Petitioner contested the
    elections and returned as elected. The improper acceptance of the
    Petitioner’s nomination being a ground available to declare an
    election void, the same could only have been challenged by filing an
    election petition within 60 (sixty) days from the date of the
    declaration of the result. The Respondent No. 4 had no authority or
    jurisdiction to decide a disqualification which was there at the time
    of election i.e. submission of the nomination paper and as such the
    Page No.# 58/68

    impugned order dated 09.12.2025 is without authority and
    jurisdiction. The above answers the first point for determination.”

    48. The following propositions may be culled out from the
    observations made by this Court in the case of Aysha Khatun
    (supra) read with the provisions of the Constitution, Act of 1994
    and Rules of 1995.

    (A) Article 243F of the Constitution stipulates when a candidate
    would be disqualified for being chosen as and for being a
    member of the Panchayat.

    (B) Section 111 of Act of 1994 however uses the expressions
    “elected or co-opted” and “and remain”. There appears to be a
    reason for doing so in as much as Section 111 of the Act of 1994
    not only speaks of being a Member of the Panchayat, but also to
    be elected or co-opted and remain as President or Vice President
    of Zilla Parishad, Anchalik Panchayat and Gaon Panchayat.

    (C) The proposition so laid down in Aysha Khatun (supra) has to be
    understood in the context of as election and to remain as
    Member of the Panchayat that would be election and to remain
    as Member of Zilla Parishad, Anchalik Panchayat and Gaon
    Panchayat. This is so because to be chosen as a Member of the
    Panchayat, the person has to be elected in an election conducted
    by the State Election Commission constituted in terms with
    Page No.# 59/68

    Article 243K of the Constitution read with Section 114 of the Act
    of 1994. The bar contained in Article 243-O of the Constitution
    read with Section 129 of the Act of 1994 is only in respect to
    elections conducted by the State Election Commission.

    However, election to the posts of President and Vice
    President of the Gaon Panchayat, Anchalik Panchayat as well Zilla
    Parishad are outside the purview of the State Election
    Commission or even the electoral process conducted by the State
    Election Commission.

    The posts of President and Vice President of the Gaon
    Panchayat, Anchalik Panchayat as well as Zilla Parishad are held
    under the control and supervision of the District Commissioner
    or any officer delegated by the District Commissioner as would
    be apparent from a perusal of Section 6, 37 and 70 of the Act of
    1994 read with Rules 46, 48 and 50 of the Rules of 1995.

    (D) In the case of Aysha Khatun (supra), this Court categorically
    held that in respect of a disqualification which existed at the time
    of submission of the nomination paper, the said would come
    within the purview of improper acceptance of the nomination
    paper. This Court further held that an improper acceptance of the
    nomination paper whereby the election of the returned candidate
    have been materially effected being a ground for declaration of
    Page No.# 60/68

    the election to be void, the improper acceptance of the
    nomination paper, being a part of the election process, the same
    has to be challenged by way of an election petition by presenting
    the same before the Election Tribunal within the period of 60
    days from the date of declaration of the results of the election.
    This Court also held that the District Commissioner had no
    jurisdiction and competence to decide the question of
    disqualification for being a Member of Panchayat if such
    disqualification existed at the time of submission of the
    nomination.

    49. In the backdrop of the above, let this Court take note of the
    alleged disqualifications of the private respondents in the first set
    of writ petitions, where the petitioners have alleged that the
    concerned District Commissioners have not taken into
    consideration their representations for which the writ petitions
    have been filed. For the sake of convenience, the details are
    given in the form of a table.

    Writ Petition Allegations Whether the alleged
    disqualification
    existed at the time of
    filing of nomination

    The Respondent No. 7 who
    WP(C) No.
    was elected did not have the Yes
    5886/25
    educational qualification as
    required under Section 111 (2)
    Page No.# 61/68

    (b) & (c) of the Act of 1994.

    
                 The Respondent No. 5 who
                 was elected violated the legal
                 age of marriage under the
      WP(C)
                 Prohibition of Child Marriage     Yes
    No.7329/23
                 Act,     2006      and    hence
                 disqualified under Section 111
                 (2) (f) of the Act of 1994.
    
                 The Respondent No. 6, who
                 was elected, did not have the
    WP(C) No.
                 educational qualification as      Yes
    6138/2025
                 required under Section 111 (2)
                 (b) of the Act of 1994.
    
                 The Respondent No. 8 who
                 was elected violated Section
    WP(C) No.
                 111 (2) (n) of the Act 1994 as    Yes
    6170/2025
                 she had more than two
                 children after 19/03/2018.
    
                 The Respondent No. 7 who
                 was elected violated Section
                 111 (2) (f) of the Act 1994 as
    WP(C) No.
                 she married prior to attaining    Yes
    7257/2025
                 the legal age prescribed in the
                 Prohibition of Child Marriage
                 Act, 2006
    
                 The Respondent No. 6 who
    WP(C) No.    was elected was disqualified
                                                   Yes
    4526/2025    under Section 111 (1) (j) and
                 111(2)(f) of the Act of 1994
    
                 The Respondent No. 7 who
                 was elected did not have the
    WP(C) No.
                 educational qualification under   Yes
    6200/2025
                 Section 111(2)(b) of the Act of
                 1994
                                                              Page No.# 62/68
    
                       The Respondent No. 6 &7 who
                       were elected did not have the
           WP(C) No.
                       educational qualification as    Yes
           282/2026
                       was required under Section
                       111(2)(b) of the Act of 1994
    
    
    
    
    

    50. The above table therefore demonstrates that all the private
    respondents in the first set of writ petitions were elected and the
    allegations are that they were disqualified. These alleged
    disqualifications even assuming for argument sake to be correct
    then also the cases of the petitioners come within the ambit of
    improper acceptance of the nomination paper which being a part
    of the election process could only have been challenged by way
    of election petition as per the mandate of Article 243-O of the
    Constitution and Section 129 of the Act of 1994. It is also the
    opinion of this Court that permitting the District Commissioner to
    decide such disqualification would amount to the District
    Commissioner being permitted to intermeddle with the election
    process and usurp upon the jurisdiction of the Election Tribunals
    upon whom the jurisdiction is conferred not only by the Act of
    1994 but also the Constitution of India.

    Under such circumstances, the first set of writ petitions are
    completely misconceived.

    Page No.# 63/68

    51. Let this Court now take into consideration the second set of
    writ petitions which relate to orders passed by the District
    Commissioner whereby the petitioners in both the writ petitions
    were disqualified. These two writ petitions are squarely covered
    by the judgment of this Court in Aysha Khatun (supra) as the writ
    petitioners in the two writ petitions were disqualified by the
    impugned orders both dated 09.07.2025 on the ground of
    violation of Section 111(2)(f) of the Act of 1994. As the alleged
    disqualifications were existing at the time of filing of the
    nomination papers by both the Petitioners, the District
    Commissioner had therefore no jurisdiction to decide the
    disqualification of the Petitioners in both the writ petitions to be
    Members of the Panchayat.

    Under such circumstances, the second set of writ petitions
    are required to be allowed by setting aside the impugned orders
    dated 09.07.2025.

    52. Before concluding, this Court finds it relevant to take note of
    another aspect which in the previous segments of the present
    judgment have been deferred to be taken at a later stage of the
    present judgment. The said aspect pertains to WP(C)
    No.7257/2025 whereby the Petitioner apart from questioning the
    inaction on the part of the District Commissioner to disqualify the
    private Respondent on the ground of violation of Section 111 (2)
    Page No.# 64/68

    (f) of the Act of 1994 have also sought for a writ of quo warranto
    for setting aside the appointment of the private Respondent as
    President of 26 No. Sukchar Gaon Panchayat.

    53. Before dealing with the aforesaid aspect, this Court finds it
    relevant to take note of the technical nature of the writ of quo
    warranto as held by the Constitution Bench of the Supreme Court
    in the case of University of Mysore vs. C.D. Govinda Rao and Anr. ,
    reported in 1963 SCC OnLine SC 15. Paragraph No.6 of the said
    judgment
    is reproduced hereinbelow:

    “6. The judgment of the High Court does not indicate that the
    attention of the High Court was drawn to the technical nature of the
    writ of quo warranto which was claimed by the Respondent in the
    present proceedings, and the conditions which had to be satisfied
    before a writ could issue in such proceedings.

    As Halsbury has observed:

    “An information in the nature of a quo warranto took the place
    of the obsolete writ of quo warranto which lay against a
    person who claimed or usurped an office, franchise, or liberty,
    to enquire by what authority he supported his claim, in order
    that the right to the office or franchise might be determined.”

    Broadly stated, the quo warranto proceeding affords a judicial
    enquiry in which any person holding an independent substantive
    public office, or franchise, or liberty, is called upon to show by what
    right he holds the said office, franchise or liberty; if the inquiry leads
    Page No.# 65/68

    to the finding that the holder of the office has no valid title to it, the
    issue of the writ of quo warranto ousts him from that office. In other
    words, the procedure of quo warranto confers jurisdiction and
    authority on the judiciary to control executive action in the matter of
    making appointments to public offices against the relevant statutory
    provisions; it also protects a citizen from being deprived of public
    office to which he may have a right. It would thus be seen that if
    these proceedings are adopted subject to the conditions recognised
    in that behalf, they tend to protect the public from usurpers of
    public office; in some cases, persons, not entitled to public office
    may be allowed to occupy them and to continue to hold them as a
    result of the connivance of the executive with its active help, and in
    such cases, if the jurisdiction of the courts to issue writ of quo
    warranto is properly invoked, the usurper can be ousted and the
    person entitled to the post allowed to occupy it. It is thus clear that
    before a citizen can claim a writ of quo warranto, he must satisfy
    the court, inter alia, that the office in question is a public office and
    is held by usurper without legal authority, and that necessarily leads
    to the enquiry as to whether the appointment of the said alleged
    usurper has been made in accordance with law or not.”

    54. From the above quoted paragraph, it would show that to be
    entitled to a writ of quo warranto, the person seeking a writ of
    quo warranto has to satisfy two things:

    (A) The office in question is a public office and is held by an
    usurper without legal authority; and
    Page No.# 66/68

    (B) The public office is held by usurper without legal authority.

    It is only upon satisfaction of the said twin conditions, an
    enquiry can be made whether the appointment of the alleged
    usurper has been made in accordance with law or not.

    55. Now let this Court analyze as to whether the Petitioner
    satisfies the twin conditions. In the instant case, the Petitioner
    alleges that the Respondent No.7 was disqualified under Section
    111 (2)(f)
    of the Act of 1994. The facts are seriously disputed by
    the private Respondent by filing affidavit. These disputed
    questions cannot be adjudicated by this Court in a proceedings
    under Article 226 of the Constitution. It is the opinion of this
    Court that as the allegation of the Petitioner that the Respondent
    No. 7 is disqualified to be the President remains as a mere
    allegation, there is therefore no satisfaction of the twin
    conditions for issuance of a writ of quo warranto.

    56. Apart from the above, it is also relevant to note that from
    the allegations contained in the writ petition, it is the case of the
    Petitioner, who was the husband of the losing candidate that the
    Respondent No. 7 was disqualified to be a member of the Gaon
    Panchayat in view of Section 111(2)(f) of the Act of 1994 and on
    account of inaction on the part of the District Commissioner, the
    writ petition was filed. This aspect as already held above, cannot
    Page No.# 67/68

    be decided by the District Commissioner as the alleged
    disqualification existed at the time of filing the nomination and
    would come within the ambit of an election dispute.

    What the Petitioner in the instant proceedings is also trying
    to do by seeking a writ of quo warranto against the private
    respondent’s appointment as President is to indirectly question
    the private respondent’s disqualification to be a Member of the
    Panchayat which the Petitioner cannot raise now having not filed
    an election petition as required under law. In other words, the
    Petitioner by seeking a writ of quo warranto into the
    appointment of the Respondent No. 7 as the President is trying
    to do a thing indirectly which the Petitioner cannot do it directly.
    The act on the part of the Petitioner reminds this Court of the
    words of Lord Halsbury in the case of Madden vs Nelson and Fort
    Sheppard Rly. Co., reported in 1899 AC 626 wherein he observed:

    “You cannot do that indirectly which you are prohibited from
    doing directly”

    57. Accordingly, the present batch of writ petitions stands
    disposed of with the following observations and directions:-

    (i) The first set of writ petitions being WP(C) No.282/2026;

    WP(C) No.4526/2025; WP(C) No.5686/2025; WP(C)
    No.6138/2025; WP(C) No.6170/2025; WP(C)
    Page No.# 68/68

    No.6200/2025; WP(C) No.7257/2025 and WP(C)
    No.7329/2025 are dismissed.

    (ii) The impugned order dated 09.07.2025 assailed in WP(C)
    No.5773/2025 as well as all consequential action(s) taken
    on the basis of the impugned order dated 09.07.2025 are
    set aside and quashed.

    (iii) The impugned order dated 09.07.2025 assailed in WP(C)
    No.5815/2025 as well as any consequential action(s) taken
    on the basis of the impugned order dated 09.07.2025 are
    set aside and quashed.

    JUDGE

    Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita
    Date: 2026.03.30 18:41:27 +05’30’

    Comparing Assistant



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