Gauhati High Court
Nargis Jahan vs The State Of Assam And 5 Ors on 3 January, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/3
GAHC010000112020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 26/2020
1:NARGIS JAHAN
W/O FAIZUL ISLAM, VILL. BHANGARPAR PART-IV, P.O. BHANGARPAR, P.S.
BORKHOLA DIST-CACHAR, ASSAM. PIN-788817
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-6
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR
PANJABARI
GUWAHATI-781022
3:THE DEPUTY COMMISSIONER
CACHAR
SILCHAR
PO. SILCHAR
DIST. CACHAR
ASSAM
PIN-788001
4:THE CHIEF EXECUTIVE OFFICER
ZILLA PARISHAD
CACHAR
PO SILCHAR
DIST. CACHAR
ASSAM
PIN-788801
5:THE BLOCK DEVELOPMENT OFFICER
SALCHAPRA DEVELOPMENT BLOCK
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P.O. SALCHAPRA
DIST. CACHAR
ASSAM
PIN-788801
6:ISMATARA BEGUM LASKAR
W/O AKTAR HUSSAIN LASKAR
VILL BHANGARPAR PART-I
P.O. BHANGARPAR
P.S. BORKHOLA
DIST. CACHAR
ASSAM
PIN-78881
Advocate for the Petitioner : MR. P N GOSWAMI
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
03.01.2020 Heard Mr. P. N. Goswami, the learned counsel for the petitioner. Also heard Mr. A. Bhattacharjee, the learned counsel for the respondent Nos. 1, 2, 4 and 5 and Ms. D. D. Barman, the learned Additional Senior Government Advocate for the respondent No. 3.
Order dated 26.12.2019 of the Deputy Commissioner, Cachar is under challenge whereby the petitioner who is a Member of the Anchalik Panchayat of 125 No. Bhangarpar Gaon Panchayat under 6 No. Salchapra Anchalik Panchayat was removed due to birth of the third child invoking the power vested by Rule 62(1)(g) of Assam Panchayat (Constitution) Rules read with Section 111(2) of Assam Panchayat Act, 1994.
Let notice be issued.
Mr. Bhattacharjee accepts notice on behalf of the respondents mentioned hereinabove and Ms. Barman accepts notice on behalf of the State respondents.
Necessary extra copies be served on the learned counsel for the respondents.
Page No.# 3/3 Notice is made returnable on 14.02.2020.
Till the next returnable date, the operation of the impugned order dated 26.12.2019 is stayed.
List this matter along with WP(C) No. 7705/2019, JUDGE Comparing Assistant