JESMINA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. N. Das, learned Government Advocate appearing for the respondent No. 2, 3 and 4. Ms. P. Thapa, learned counsel appears on behalf of Mr. S. Dutta, learned counsel for the respondent No. 1, 5 and 6 and Mr. A. Ali, learned counsel has appeared for the respondent No. 8.

(2.) This writ petition has been filed challenging the order No. GDG 58/P Election/2025/Pt/18 dtd. 16/7/2025 passed by the District Commissioner, Goalpara by which the petitioner was removed from the post of Gaon Panchayat Member from 1-No Ward Nathongdonga Tiapara Takimari Haguripara Gaon Panchayat in the district of Goalpara.

(3.) This is the second round of litigation for the petitioner. The petitioner had earlier instituted WP(C) No.4051/2025 wherein she had challenged the proceedings initiated by the District Commissioner, Goalpara based on an application filed by the respondent No.8 herein seeking disqualification of the petitioner as a Gaon Panchayat Member of the Village 11 No. Takimari, Haguripara. The further challenge was to the enquiry report dtd. 31/5/2025 as well as the second complaint filed by the respondent No.8 and also to the consequential hearing held on 27/6/2025. The order dtd. 23/7/2025 passed in WP(C) No. 4051/2025 had recorded the important facts necessary for determination of the said writ petition at paragraph-4. The said paragraph is reproduced herein below for the sake of convenience;