Dismissed¶6

Sarphina Yasmin and Anr. v. the State of Assam and 7 Ors.

Gauhati HC2 Dec 2025WP(C)/6248/2025

Case brief

AI extract

What is this about?

Maintainability of writ petition against panchayat election results; Assam Panchayat Act, 1994 — Sections 127 and 129(b); election petition as exclusive remedy before Panchayat Election Tribunal; 60-day limitation from declaration of results; impropriety of joining challenges to two separate elections in one writ petition; Gauhati High Court, WP(C)/6248/2025, Justice Devashis Baruah, order dated 03.12.2025; Barpeta / Kalgachia / 45 No. Sonapur Rubhi Gaon Panchayat.

What did the court decide?

The filing of one single writ petition challenging the separate elections of respondent Nos.7 and 8 is not permissible. ¶3

Sarphina Yasmin and Anr. Vs the State of Assam and 7 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010232422025

2025:GAU-AS:16636

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

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Case No. : WP(C)/6248/2025

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SARPHINA YASMIN AND ANR

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W/O- BANIJ UDDIN, VILL- HASANPUR BALIKURI GAON, P.O.- BALIKURI, P.S. KALGACHIA, DIST.- BARPETA, ASSAM

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2: TAHMINA KHATUN W/O- DELUWAR HUSSAIN VILL- RUBHI BALIKURI GAON P.O.- BALIKURI P.S. KALGACHIA DIST.- BARPETA ASSA

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SCERETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEPARTMENT DISPUR GAUHATI- 781006

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3:THE DISTRICT COMMISSIONER CUM DISTRICT ELECTION OFFICER BARPETA DISTRICT- BARPETA ASSAM PIN- 781301

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4:THE CHIEF EXECUTIVE OFFICER OF ZILA PARISHAD BARPETA DISTRICT- BARPETA ASSAM

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Page No.# 2/4

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PIN- 781301 5:THE BLOCK DEVELOPMENBT OF OFFICER KALGACHIA BLOCK DISTRICT- BARPETA ASSAM PIN- 781301 6:THE SECRETARY 45 NO. SONAPUR RUBHI GAON PANCHAYAT P.O.- BALIKURI DIST.- BARPETA ASSAM PIN- 781319 7:LUTFA KHATUN W/O- LUKMAN ALI VILL- RUBHI P.O.- BALIKURI P.S. KALGACHIA DIST.- BARPETA ASSAM PIN- 781319 8:BADAR UDDIN S/O- JAHERA KHATUN VILL- HASANPUR P.O.- BALIKURI P.S. KALGACHIA PIN- 78131

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For the petitioner (s) : Mr. N. Zaman, Advocate

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For the respondent (s) : Ms. N. Borah, SC, P&RD Ms. U. Das, Addl. Sr. Govt. Advocate

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BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

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03.12.2025

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Heard Mr. N. Zaman, the learned counsel appearing on

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behalf of the petitioners. Ms. N. Borah, the learned counsel appears on behalf of the P&RD Department and Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the District Administration.

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The present petition has been filed by two petitioners challenging elections of the respondent Nos.7 & 8 to the present writ petition. A perusal of the contents of the writ petition reveal that the respondent No.7 was elected to Ward No.1 of 45 No. Sonapur Rubhi Gaon Panchayat and the respondent No.8 was elected to Ward No.10 of 45 No. Sonapur Rubhi Gaon Panchayat.

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First and foremost, the filing of one single writ petition challenging the separate elections of the respondent Nos.7 & 8 is not permissible.

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Secondly, this Court takes note of Section 129 of the Assam Panchayat Act, 1994 (for short, ‘the Act of 1994’). A perusal of the said provision and more particularly Clause (b) of Section 129 stipulates that no election to any Panchayat shall be called in question except by an election petition presented within 60 days from the date of declaration of the election results to the Tribunal constituted under Section 127 of the Act of 1994.

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This Court further takes into account that in terms with Section 127 of the Act of 1994, the Governor of Assam with the

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recommendation of the Gauhati High Court, had constituted the Panchayat Election Tribunals by the Notification dated 04.10.2025. The said Notification is kept on record and marked with the letter 'X'.

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The above aspects therefore clearly shows that the present writ petition cannot be entertained for which the same stands dismissed.

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No costs.

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JUDGE

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Comparing Assistant

Sarphina Yasmin and Anr. v. the State of Assam and 7 Ors.

Case brief

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What did the court decide?

Sarphina Yasmin and Anr. v. the State of Assam and 7 Ors.

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