GUWAHATI, India, Sept. 23 -- Gauhati High Court issued the following order on Aug. 22:
1. Heard Mr. N.H. Barbhuiya, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development [P&RD] for the respondent nos. 1, 2, 5 & 6; and Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned counsel for the respondent nos. 3 & 4.
2. The petitioners, four in nos., have joined together to institute the instant writ petition under Article 226 of the Constitution of India to assail two Resolutions, dated 23.06.2025 and dated 03.07.2025, adopted purportedly in the First Meeting and the Adjourned Meeting respectively of Madhabpur Rampur Gaon Panchayat.
3. The relevant fats, in brief, are that all the petitioners are elected Ward Members of Madhabpur Rampur Gaon Panchayat. They got elected in the General Panchayat Election held in the year 2025. After declaration of the results of the Election, the respondent no. 3 vide a Notice dated 11.06.2025 notified the time and date of the First Meeting of different Gaon Panchayats of Hailakandi district including Madhabpur Rampur Gaon Panchayat. In the Notice, the agendas were mentioned and they were -
[i] Oath of affirmation to all members before commencement of the Meeting;
[ii] Election of President concerned;
[iii] Election of VicePresident concerned; and
[iv] Miscellaneous. In the Notice, Block Headquarters were mentioned as the venue for the First Meeting and an Assistant Commissioner was nominated to attend and hold the First Meeting of the Ward Members of the Gaon Panchayats.
4. It is contended on behalf of the petitioners that the time and date of the First Meeting for Madhabpur Rampur Gaon Panchayat was scheduled at 11-00 a.m. on 23.06.2025 and in that First Meeting, six nos. of Ward Members of Madhabpur Rampur Gaon Panchayat were present at the time and venue. There was no impediment to carry out the agendas on that day. But, the nominated authority adjourned the First Meeting purportedly on the ground that there was no quorum to hold the First Meeting. It is the further contention of the petitioners that the Adjourned Meeting was held on 03.07.2025 without giving any notice to the Ward Members, more particularly, to the petitioners. In the Meeting stated to be held on 03.07.2025, the petitioners could not be present in view of non-receipt of any information in that regard. The Adjourned Meeting was, however, shown to be held in presence of six Ward Members of Madhabpur Rampur Gaon Panchayat. In a Resolution stated to have been taken in that Adjourned Meeting, the respondent no. 7 and the respondent no. 8 have been shown elected as the President and the Vice-President of Madhabpur Gaon Panchayat. Aggrieved by the two Resolutions adopted on 23.06.2025 and on 03.07.2025 respectively in the aforestated manner, the petitioners have approached this court by the instant writ petition.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1vEKfOaKp%2BBbyAPNiLEkCHYYv3ZI6oSAS6PXH5la6vZ&caseno=WP(C)/4847/2025&cCode=1&cino=GAHC010187252025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.