Dilowara Begum and 5 Ors. Vs the State of Assam and 10 Ors.

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GAHC010188352025

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2026:GAU-AS:1590

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

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

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DILOWARA BEGUM AND 5 ORS

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

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

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

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

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P.O. JANGALPARA AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514. 5: MARJINA BEGUM WARD MEMBER WARD NO. 3 5 NO. BARUAJHAR GAON PANCHAYAT W/O- ABDUR ROUF VILL.- BATABARI P.O. CHAKRABASTI AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514. 6: SHAHNAZ BEGUM WARD MEMBER WARD NO. 5 (KA) BARUAJHAR 5 NO. BARUAJHAR GAON PANCHAYAT W/O- MANZUR HUSSAIN AHMED VILL.- 5 NO. BARUAJHAR P.O. CHAKRABASTI AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514

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VERSUS

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

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

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3:THE CHIEF EXECUTIVE OFFICER DARRANG ZILLA PARISHAD PO. AND P.S. MANGALDOI DIST. DARRANG ASSAM PIN- 784125.

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4:THE CO-DISTRICT COMMISSIONER DALGAON CO-DISTRICT P.O. AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784116. 5:THE CIRCLE OFFICER DALGAON REVENUE CIRCLE P.O. AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784116. 6:THE EXECUTIVE OFFICER BECHIMARI ANCHALIK PANCHAYAT P.O. BECHIMARI P.S. DALGAON DIST- DARRANG ASSAM PIN- 784116. 7:THE SECRETARY 5 NO. BARUAJHAR GAON PANCHAYAT VILL.- CHAKRABASTI P.O. CHAKRABASTI P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514. 8:PARBINA YESMIN WARD MEMBER WARD NO. 10 5 NO. BARUAJHAR GAON PANCHAYAT W/O- ATAUR RAHMAN VILL.-DALGAON KHUTI P.O. AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784116. 9:SAIJ UDDIN AHMED WARD MEMBER WARD NO. 2 5 NO. BARUAJHAR GAON PANCHAYAT S/O- OSMAN ALI

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VILL.-NO. 5 BARUAJHAR P.O. CHAKRABASTI P.S. DALGAON DIST. DARRANG ASSAM PIN- 784514. 10:ABDUL WAHED WARD MEMBER WARD NO. 4 5 NO. BARUAJHAR GAON PANCHAYAT S/O- AZIM UDDIN VILL.-KAHIBARI P.O. JANGALPARA P.S. DALGAON DIST. DARRANG ASSAM PIN- 784116. 11:RANJU ROWSONARA BEGUM WARD MEMBER WARD NO. 7 5 NO. BARUAJHAR GAON PANCHAYAT W/O- ABDUL HOQUE VILL.- JANGALPARA P.O. AND P.S. DALGAON DIST. DARRANG ASSAM PIN- 784116

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

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

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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06.02.2026

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Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. A. M. Ahmed, learned counsel for the petitioner and Mr. S. Dutta, learned Standing Counsel, P&RD Department, for the respondent Nos. 1, 3, 6 & 7. Also heard Mr. B.

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

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

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

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

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

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

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

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

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

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

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6. Mr. Choudhury, learned Senior Counsel appearing for the petitioner, however, submits that 3 week’s time may be granted to pass order on the representations filed by the petitioners on 02.07.2025 and 14.07.2025, on the basis of the

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

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

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

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

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

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JUDGE

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Comparing Assistant

Dilowara Begum and 5 Ors. v. the State of Assam and 10 Ors.

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Dilowara Begum and 5 Ors. v. the State of Assam and 10 Ors.

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