Gauhati High Court
Minuwara Khatun vs The State Of Assam And 9 Ors on 4 March, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/3
GAHC010035212020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1147/2020
1:MINUWARA KHATUN
W/O- AYNAL HAQUE, R/O- VILL- PAHARPUR KATULI, P.S- BAGHBAR, P.O-
MANDIA, DIST- BARPETA, ASSAM, PIN- 781038
VERSUS
1:THE STATE OF ASSAM AND 9 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT, DISPUR, GUWAHATI-
781006
2:THE COMMISSIONER
PNRD
JURIPAR
GUWAHATI- 781022
3:THE DEPUTY COMMISSIONER
BARPETA
ASSAM
4:THE BDO
MANDIA DEVELOPMENT BLOCK
DIST- BARPETA
ASSAM
5:THE GAON PANCHAYAT SECRETARY 84 NO. BAMUNDANGRA GAON
PANCHAYAT
MANDIA DEVELOPMENT BLOCK
P.O- MANDIA
DIST- BARPETA
ASSAM
PIN- 781308
6:KAZI SAIFUL ISLAM
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S/O- KAZI BAHAR ALI
R/O- VILL- PAHARPUR KATULI
P.S- BAGHBAR
P.O- MANDIA
DIST- BARPETA
ASSAM
PIN- 781308
7:KAYES ALI
S/O- LATE KITAB ALI
R/O- VILL- PAHARPUR KATULI
P.S- BAGHBAR
P.O- MANDIA
DIST- BARPETA
ASSAM
PIN- 781308
8:ANWAR HUSSAIN
S/O- LATE JAUKHAN ALI
R/O- VILL- PAHARPUR KATULI
P.S- BAGHBAR
P.O- MANDIA
DIST- BARPETA
ASSAM
PIN- 781308
9:GOLAP HUSSAIN
S/O- LATE AZIMUDDIN
R/O- VILL- PAHARPUR KATULI
P.S- BAGHBAR
P.O- MANDIA
DIST- BARPETA
ASSAM
PIN- 781308
10:MIR HUSSAIN
S/O- LATE AZIMUDDIN
R/O- VILL- PAHARPUR KATULI
P.S- BAGHBAR
P.O- MANDIA
DIST- BARPETA
ASSAM
PIN- 78130
Advocate for the Petitioner : MR. I CHOUDHURY
Advocate for the Respondent : GA, ASSAM
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BEFORE
THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
04.03.2020 Heard Mr. I. Choudhury, the learned counsel for the petitioner. Also heard Mr. A. Roy, the learned Standing Counsel for the P&RD, Department Assam.
The petitioner was elected as the Gaon Panchayat Member from 84 No. Bamundongra Gaon Panchayat. Subsequent to her election as the Gaon Panchayat Member she delivered the third child. The District Development Commissioner, Barpeta vide letter dated 04.12.2019 directed the Gaon Panchayat Secretary under Mandia Development Block to make an enquiry and submit report to be processed through the Block Development Officer. The concerned Block Development Officer initiated the proceeding directing the petitioner to submit her written defence. Challenging the said notice stating that there is no provision which bars a pregnant woman from contesting election this writ petition is filed by the petitioner.
Let notice be issued.
Mr. Roy, accepts notice on behalf of the respondent Nos. 1, 2, 4 and 5. Necessary extra copies be served on him.
The petitioner shall take steps on the private respondent Nos. 6 to 10 by way of registered post with A/D within a period of three days from today.
Notice is made returnable on 23.03.2020.
In the meantime, no coercive measure shall be taken against the petitioner. List this matter along with WP(C) No. 7705/2019.
JUDGE Comparing Assistant