Rifina Wahida Akhtara v. State of Assam Represented By The Additional Chief Secretary To The Govt. of Assam, Panchayat And Rural Development Department
2025-12-11
SANJAY KUMAR MEDHI
body2025
DigiLaw.ai
JUDGMENT : SANJAY KUMAR MEDHI, J. 6 Nos. of petitioners have joined together in this petition filed under Article 226 of the Constitution of India in respect of the elections to the post of President and Vice President of the 71 No. Baligaon Gaon Panchayat in the district of Darrang. 2. As per the facts projected, the election to the aforesaid Gaon Panchayat was held in May, 2025 in which the petitioners and the private respondents were elected as Ward Members. The first meeting of the Panchayat was held on 21.06.2025 and it is the contention of the petitioners that in the said meeting, elections for the President and the Vice President were held. The petitioners have contended that the petitioner no. 1 and the petitioner no.2 were elected as the President and the Vice President of the said Panchayat respectively. However, by tempering of the ballot papers, the respondent nos. 9 and 10 were shown to be elected as the President and Vice President. The petitioners claim to have submitted a representation immediately on 21.06.2025 before the District Commissioner, Darrang in terms of Section 11 of the Assam Panchayat Act, 1994 (herein after the Act of 1994). However, no action has been taken. Consequently, the instant petition has been filed. 3. I have heard Shri A.M. Ahmed, learned counsel for the petitioners. I have also heard Shri N. Das, the learned State Counsel, Ms. N.B. Kayastha, learned counsel appearing on instructions of Shri R. Dubey, learned Standing Counsel, State Election Commission and Shri S. Islam, learned counsel for the respondent nos. 9 and 10. 4. Shri Ahmed, the learned counsel for the petitioners, by drawing the attention of this Court to Section 6 of the Act, 1994 has contended that the said Section has undergone a major amendment in 2023. Earlier the President and Vice President were directly elected and after the said amendment, it is the elected members who chose and elect the President and the Vice President. He has submitted that in the first meeting held on 21.06.2025, elections for the posts of President and Vice President were held in which the petitioner nos. 1 and 2 were respectively elected as President and Vice president by securing 6 votes each. However, he has made a serious allegation of tampering with the ballot papers by which the respondent nos.
1 and 2 were respectively elected as President and Vice president by securing 6 votes each. However, he has made a serious allegation of tampering with the ballot papers by which the respondent nos. 9 and 10 have been shown to be elected as President and Vice President. He has also submitted that though there is a provision in Section 11 of adjudicating any dispute regarding the validity of such election by the Deputy Commissioner, (presently District Commissioner), the representation submitted on 21.06.2025 by the petitioners in this regard has not been considered as yet. 5. Shri N. Das, the learned State Counsel has, at the outset refuted the allegations of any tampering and has contended that the elections were fairly held on 21.06.2025. He has also placed before this Court written instructions dated 01.12.2025 and has submitted that the concerned District Commissioner had forwarded the matter to the Co-District Commissioner to cause an enquiry and the matter is under active consideration. 6. Shri Islam, the learned counsel for the respondent nos. 9 and 10, while endorsing the submissions of the learned State Counsel has contended that the elections were fairly held on 21.06.2025 and the allegations made by the petitioners are figments of imagination. He has submitted that the respondent nos. 9 and 10 had secured 6 votes each and were duly elected as President and Vice President. He has also submitted that the affidavit-in-opposition has been filed denying the claim of the petitioners. 7. Ms. Kayastha, the learned counsel representing the State Election Commission has submitted that the Commission does not have a significant role in the adjudication of the present lis. 8. On perusal of the pleadings and the materials on record and after hearing the learned counsel for the parties, it appears that the first meeting of the concerned Gaon Panchayat was held on 21.06.2025. As pointed out, there has been an amendment of Section 6 of the Act of 1994 regarding the election of President and Vice President of Gaon Panchayat. Prior to the amendment which was done in the year 2023, such elections were directly made by the voters of the concerned Panchayat. However, after the amendment, such elections are made amongst the elected Ward Members. For ready reference, Section 6 of the Act of 1994 is extracted herein below: “6.
Prior to the amendment which was done in the year 2023, such elections were directly made by the voters of the concerned Panchayat. However, after the amendment, such elections are made amongst the elected Ward Members. For ready reference, Section 6 of the Act of 1994 is extracted herein below: “6. [Constitution of Gaon Panchayat and Election of President and Vice-President):- ¹[(1) The Gaon Panchayat shall consist of ten members to be directly elected by the voters of the territorial constituencies of the Gaon Panchayat area, one from each constituency in the manner as may be prescribed.] (2) For the convenience of election, the prescribed authority shall in accordance with such rules as may be prescribed in this behalf by the Government, divide the area of the Gaon Panchayat into ten territorial constituencies and allot one seat for each constituency. (3) The District Commissioner or an officer authorized by the District Commissioner shall call a meeting of the Gaon Panchayat (which shall be hereinafter called as the first meeting of the Gaon Panchayat) for election of a President and a Vice-President respectively from amongst the elected members of Gaon Panchayat. The District Commissioner shall preside over the meeting in the manner prescribed. The District Commissioner may delegate the power to preside over such meeting to any Gazetted Officer serving in the district.” 9. While the case projected on behalf of the petitioners is that in the elections held in the first meeting convened on 21.06.2025, the petitioner no.1 and petitioner no. 2 were respectively elected as President and Vice President by securing 6 votes each, it is the contention of the respondents as well as the private respondents that such claim is wholly without any basis as it is the respondent nos. 9 and 10 who were elected as President and Vice President. 10. Be that as it may, in terms of Section 11 of the Act of 1994, a representation appears to have been submitted by the petitioners before the District Commissioner. As contended by the learned State Counsel, the representation is under consideration and a report has already been called for from the Co-District Commissioner. 11.
10. Be that as it may, in terms of Section 11 of the Act of 1994, a representation appears to have been submitted by the petitioners before the District Commissioner. As contended by the learned State Counsel, the representation is under consideration and a report has already been called for from the Co-District Commissioner. 11. In view of the above and also taking into consideration that sufficient time has elapsed since submission of the representation and election disputes are to be adjudicated and disposed of expeditiously, this Court is of the opinion that the said representation be disposed of by the District Commissioner, Darrang expeditiously. 12. It is accordingly directed that the representation dated 21.06.2025 be disposed of by the District Commissioner, Darrang within a further period of 3 (three) weeks. The District Commissioner is required to give the stakeholders, namely, the petitioners and the respondent nos. 9 and 10, an opportunity of hearing and may rely upon any reports and other relevant materials to examine the veracity of the allegations and counter allegations. 13. The aforesaid period of 3 (three) weeks is to be reckoned from the date of receipt of a certified copy of this order which is required to be submitted by the petitioners. 14. Writ petition accordingly stands disposed of.