Court Finds District Commissioner's Order Invalid Due to Violation of Natural Justice and Misinterpretation of Quorum Requirements
In a pivotal judgment, the Gauhati High Court has overturned the District Commissioner's decision to cancel the first meeting of the 14 No. Ghiladhari Mukh Gaon Panchayat. The meeting, held on June 27, 2025, saw Burhan Ali elected as the President, but was subsequently annulled by the District Commissioner on September 10, 2025, due to alleged quorum deficiencies. Justice Sanjay Kumar Medhi ruled that the presence of six members satisfied the quorum requirement as per Rule 46(3) of the Assam Panchayat (Constitution) Rules, 1995, thereby rendering the cancellation order unsustainable.
The court's decision came after considering arguments presented by Shri P.P. Dutta, counsel for the petitioner, who argued that the cancellation violated principles of natural justice as Burhan Ali was not given a chance to be heard. Furthermore, it was contended that the statutory interpretation used to annul the meeting was flawed. The court concurred, emphasizing that statutory provisions required only one-third of the total members to be present to meet quorum requirements, which was indeed fulfilled during the initial meeting.
Respondents had argued that the meeting should have been postponed due to insufficient quorum, interpreting the rule to mean that if one-third of members were absent, the meeting could not proceed. This interpretation was found inconsistent with the legislative framework by the court, leading to the quashing of the District Commissioner's order.
Justice Medhi emphasized the importance of adhering to natural justice principles, noting that the petitioner's rights, accrued from the meeting held on June 27, were revoked without due process. The court directed that Burhan Ali should be reinstated as the President and allowed to fulfill his term as per statutory guidelines.
The decision highlights the court's commitment to ensuring fair electoral processes within local governance structures and upholding the statutory interpretation that aligns with legislative intent.
Bottom Line:
Principles of natural justice and statutory interpretation were central to the adjudication of the case concerning the election of President in a Gaon Panchayat.
Statutory provision(s): Assam Panchayat Act, 1994 Section 18, Assam Panchayat (Constitution) Rules, 1995 Rule 46(3)
Burhan Ali v. State of Assam, (Gauhati) : Law Finder Doc id # 2828260
