BURHAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) An Order dtd. 10/9/2025 passed by the District Commissioner, Biswanath by which the 1st meeting of the 14 No. Ghiladhari Mukh Gaon Panchayat has been cancelled is the subject matter of challenge in this writ petition. In the said meeting, the petitioner was elected as the President of the Gaon Panchayat.

(2.) The facts, briefly stated are that the petitioner is an elected member of the aforesaid Gaon Panchayat, the elections of which was held on May, 2025. The 1st meeting was accordingly convened on 27/6/2025 and admittedly, there were 6 members present in which the petitioner was elected as the President and another incumbent, amongst the 6 members was elected as the Vice President. The private respondent nos. 8, 9, 10 and 11 herein had however submitted a representation against such election before the District Commissioner on 4/7/2025, mainly, on the contention that the quorum was not fulfilled. The complaint states that there should be 7 (seven) members present.

(3.) As the said representation was not considered and disposed of, the private respondent nos. 8, 9, 10 and 11 had instituted WP(C)/3954/2025. This Court vide order dtd. 18/7/2025 while issuing notice had observed that pendency of the writ petition shall not be a bar for disposal of the representation. Basing upon such observations, the impugned order has been passed on 10/9/2025 whereby the 1st meeting was cancelled on the ground of lack of quorum. Subsequently, vide an order dtd. 17/9/2025, the aforesaid writ petition was closed as infructuous. It is the aforesaid order dtd. 10/9/2025 which is the subject matter of challenge, as indicated above.