GUWAHATI, India, Aug. 23 -- Gauhati High Court issued the following order on July 23:

1. Heard Dr. Pooja Agarwal, learned counsel for the petitioner. Also heard Mr. M. K. Hussain, learned counsel, appearing on behalf of respondent No. 1; Mr. R. Dubey, learned standing counsel, State Election Commission, appearing on behalf of respondent No. 2; Mr. N. Das, learned Government Advocate, appearing on behalf of respondent No. 3; and Mr. S. Dutta, learned standing counsel, Panchayat & Rural Development Department, appearing on behalf of respondent No. 4.

2. The present writ petition has been instituted by the petitioner, herein, assailing an order, dated 27-06-2025, passed by the Election Tribunal, Nagaon, in Misc. Case No. 31/2025(in Election Petition No. 03/2025), restraining the respondent authorities from administering Oath of Office to the petitioner, herein, as Anchalik Panchayat Member of Singimari Anchalik Panchayat, in pursuance of his election to the said Panchayat from Gerua Anchalik Panchayat Constituency.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The petitioner, herein, was declared elected on 11-05-2025 as Anchalik Panchayat Member of Singimari Anchalik Panchayat from Gerua Anchalik Panchayat Constituency. The Respondent No. 1, herein, assailing the election of the petitioner, instituted Election Petition No. 03/2025, before the Election Tribunal, Nagaon. The Respondent No. 1 had also instituted a miscellaneous case being Misc. Case No. 31/ 2025, praying for interim directions.

The Election Tribunal, Nagaon, took-up for consideration the said miscellaneous case and vide order, dated 27-06-2025, was pleased to direct the respondent authorities to not administer the Oath of Office to the petitioner, herein, and not to permit him to take charge as Anchalik Panchayat Member of Singimari Anchalik Panchayat until final disposal of the Election Petition, in question.

The petitioner, herein, being aggrieved, has instituted the present proceeding.

4. Dr. Agarwal, learned counsel appearing on behalf of the petitioner, herein, by referring to the provisions of Section 127 read with Section 129 of the Assam Panchayat Act, 1994 (as amended), has submitted that the order, dated 27-06-2025, impugned in the present proceeding, has been so passed by the Election Tribunal, Nagaon, without any jurisdiction. The learned counsel has also submitted that the interim directions as passed by the Election Tribunal, Nagaon, vide order, dated 27-06-2025, was so passed without affording an opportunity to the petitioner, herein, to place his stand in the matter before the Tribunal.

5. Dr. Agarwal, learned counsel for the petitioner, has further submitted that no power having been vested upon the Election Tribunal, Nagaon, to pass any interim directions having the effect of frustrating the democratic will of the people by restraining the elected candidate from assuming his office on his election; the impugned order, dated 27-06-2025, passed by the Election Tribunal, Nagaon, would mandate an interference from this Court.

6. Per contra, Mr. Dubey, learned standing counsel, Assam State Election Commission, i.e. respondent No. 2, herein, has, at the outset, submitted that direct elections to the Panchayat Raj bodies would only be permissible to be challenged by way of instituting an election petition invoking the provisions of Sections 127 and 129 of the Assam Panchayat Act, 1994(as amended).

*Rest of the document can be viewed at: (hhttps://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxkGA7dtIiynrni70UEXiYcaht4BdnVixiL7CvT0ZABJ&caseno=WP(C)/4026/2025&cCode=1&cino=GAHC010157482025&state_code=6&appFlag=)

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