Dismissed

Nazim Uddin Tapadar v. the State of Assam and 7 Ors.

Gauhati HC10 Feb 2026WP(C)/694/2026

Case brief

AI extract

What is this about?

Petitioner, a non-contesting candidate, sought directions to consider his representation alleging the elected Ward Member filed a false affidavit and fake HSLC certificate. The Court held Section 129 of the Assam Panchayat Act, 1994 bars judicial interference; an election petition before the Tribunal is the sole remedy, and declined to direct consideration of the representation.

What the court decided

AI extract

Nazim Uddin Tapadar Vs the State of Assam and 7 Ors. — Election Law | Gauhati HC (2026)

Page No.# 1/4

GAHC010287012025

2026:GAU-AS:1931

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

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Case No. : WP(C)/694/2026

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NAZIM UDDIN TAPADAR

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S/O- LATE ABDUL KHALIQUE TAPADAR, VILLAGE AND P.O.- NAIRGRAM, P.S. AND DISTRICT- SRIBHUMI, PIN- 788713

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,DISPUR, GUWAHATI-6.

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2:THE ASSAM STATE ELECTION COMMISSION TO BE REPRESENTED BY THE SECRETARY ASSAM STATE ELECTION COMMISSIONER PANJABARI GUWAHATI-37

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3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT JURIPAR PANJABARI GUWAHATI-37

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4:THE DISTRICT COMMISSIONER SRIBHUMI P.O. P.S. AND DISTRICT- SRIBHUMI PIN- 788710

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5:THE CHIEF EXECUTIVE OFFICER KARIMGANJ ZILLA PARISHAD SRIBHUMI

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Page No.# 2/4

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P.O. P.S. AND DISTRICT- SRIBHUMI PIN- 788710 6:THE BLOCK DEVELOPMENT OFFICER BADARPUR CHAITANYANAGAR DEVELOPMENT BLOCK BADARPUR P.O. AND P.S.- BADARPUR DISTRICT- SRIBHUMI PIN- 788806 7:THE SECRETARY BAKARSHAL-NAIRGRAM GAON PANCHAYAT P.O.- JABAINPUR P.S. AND DISTRICT- SRIBHUMI PIN- 788713 8:SMT. SAHENA BEGUM W/O- SABIR AHMED D/O- ABDUL LATIF VILLAGE- DEWAKURI P.O.- LALARCHAK P.S. AND DISTRICT- SRIBHUMI PIN- 78871

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For the Petitioner(s) : Mr. R.A. Choudhury, Advocate For the Respondent(s) : Mr. J. Handique, Govt. Advocate Mr. S. Dutta, Standing Counsel

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 11.02.2026

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Heard Mr. R.A. Choudhury, the learned counsel appearing on behalf of the petitioner. Mr. S. Dutta, the learned Standing Counsel appears on behalf of the P&RD Department and Mr. J. Handique, the learned Government Advocate appears on behalf

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Page No.# 3/4

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of the State respondents.

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Taking into account the dispute raised in the instant proceedings, this Court takes up the instant writ petition for disposal at the Motion stage itself.

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The case of the petitioner herein is that the respondent No. 8 was elected as the Ward Member of Ward No. 10 of No. 1 Bakarshal-Nairgram Gaon Panchayat under No. 4 Srimanta Kanishail-Bashail Zilla Parishad of District-Sribhumi by submitting a false affidavit and a fake HSLC pass certificate at the time of filing nomination for the Assam Panchayat Election, 2025. Admittedly, the petitioner is not a contesting candidate. The petitioner submitted a representation on 25.09.2025 to the District Commissioner, Sribhumi, however, as the same was neither considered nor disposed of, the petitioner has approached this Court.

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This Court finds it very pertinent to take note of Section 129 of the Assam Panchayat Act, 1994 (for short, “the Act of 1994”) which bars interference by Courts in electoral matters. The said Section, being relevant, is reproduced herein under:

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“ 129. Bar to interference by Courts in electoral matters:Notwithstanding anything contained in this Act-

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(a) The validity of any law relating to the delimination of constituencies on the allotment of seats to such constituencies,

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Page No.# 4/4

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made under Article 243 of the Constitution of India shall not be called in question in any court;

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(b) no election to any Panchayat shall be called in question except by an election petition presented within sixty days from the date of declaration of election results to the Tribunal constituted under Section 127.”

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From a perusal of the above quoted Section, and more particularly, Clause (b) of Section 129 of the Act of 1994, it is clear 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 before the Tribunal constituted under Section 127 of the Act of 1994. There is no doubt that Tribunals have been constituted by the State of Assam in that regard.

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Considering the above, in view of the bar contained in Section 129 of the Act of 1994, this Court is not inclined to issue any directions upon the District Commissioner, Sribhumi to consider the petitioner’s representation.

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Accordingly, the instant writ petition stands dismissed.

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JUDGE

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Comparing Assistant

Nazim Uddin Tapadar v. the State of Assam and 7 Ors.

Case brief

What is this about?

What the court decided

Nazim Uddin Tapadar v. the State of Assam and 7 Ors.

Case brief

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