Sanchayita Lahkar

The High Court of Gauhati Single Bench of Justice N. Unni Krishnan Nair held that the Panchayat Election Tribunal constituted under the Assam Panchayat Act, 1994 (as amended), does not possess the jurisdiction to pass interim orders restraining an elected candidate from assuming office. The Court set aside the interim order passed by the Election Tribunal, Nagaon, which had barred the elected Anchalik Panchayat Member from taking the oath of office. The Court directed that the petitioner shall be permitted to assume office and contest for the post of President or Vice President, subject to the outcome of the election petition pending adjudication.

The petitioner was declared elected on 11.05.2025 as Anchalik Panchayat Member of Singimari Anchalik Panchayat from the Gerua Anchalik Panchayat Constituency. Subsequently, an election petition (Election Petition No. 03/2025) was filed by the respondent challenging the validity of the petitioner's election. Alongside the election petition, a Miscellaneous Case (Misc. Case No. 31/2025) was filed seeking interim directions.

Also Read: Registered Will Raises Presumption Of Genuineness | Supreme Court Confirms Second Wife’s Exclusive Ownership, Says Burden To Disprove Validity Lies On Opponent

The Election Tribunal, Nagaon, passed an order dated 27.06.2025 directing the authorities to not administer the oath of office to the petitioner until the final disposal of the election petition. Aggrieved by this interim order, the petitioner approached the Gauhati High Court.

Appearing for the petitioner, learned counsel Dr. Pooja Agarwal, assisted by Ms. S. Nath, submitted that the impugned interim order was passed without jurisdiction and in violation of the principles of natural justice, as the petitioner was not given an opportunity to present his case. Referring to Sections 127 and 129 of the Assam Panchayat Act, 1994 (as amended), the counsel argued that the Election Tribunal lacks statutory authority to issue such interim orders.

Mr. R. Dubey, learned standing counsel for the Assam State Election Commission (Respondent No. 2), submitted that elections to Panchayat bodies are subject to challenge only through election petitions under Sections 127 and 129 of the Act. He explained that while the Government constituted Panchayat Election Tribunals via Notification dated 30.09.2000, these Tribunals were not vested with powers to issue interim orders staying election results or restraining oath-taking.

Mr. Dubey further submitted that as per Clause 4 of the Notification, the Tribunal may pass final orders after examining evidence and hearing the parties, but no provision exists authorizing interim relief.

In contrast, Mr. M.K. Hussain, appearing for Respondent No. 1, argued that the Tribunal, being vested with the powers of a Civil Court under the Code of Civil Procedure, 1908, is empowered to grant interim relief under Order XXXIX Rules 1, 2, and 3. He contended that failing to provide such authority would permit the continuance of an illegal election outcome, defeating justice.

The Court recorded: "It is not discernible that the Election Tribunal has been vested with any power to issue interim directions having the effect of staying the result of an election, and/or, restraining the elected candidate from taking Oath of Office."

Referring to the Assam Panchayat Act, 1994 and the Notification dated 30.09.2000, the Court noted:"The Panchayat Election Tribunals shall have jurisdiction to entertain and dispose of election petition filed before it by any contesting candidate in respect of validity or propriety of the election."

Further, it observed: "The Panchayat Election Tribunals shall, for the purpose of disposal of the election petition... have all the powers of a Civil Court for the trial of a suit under the Code of Civil Procedure, 1908... in respect of summoning witnesses, receiving evidence, and issuing commissions."

The Court clarified: "The powers of a Civil Court as vested upon the Panchayat Election Tribunal pertains only to the powers of a Civil Court for trial of a suit... The power and jurisdiction to grant temporary injunction... rests upon the competent Civil Court, but not to an Election Tribunal which is not a Civil Court..."

It was held that: "An Election Tribunal, is, admittedly, not a Court... and is bound to decide the disputes strictly in accordance with law after following the prescribed procedure and have the jurisdiction to do only what it is expressly empowered to do."

Relying on Jyoti Basu v. Debi Ghosal, the Court observed: "Outside of statute, there is no right to elect, no right to be elected and no right to dispute an election. Statutory creations they are, and therefore, subject to statutory limitation."

The Court stated that: "The order, dated 27-06-2025, passed by the Election Tribunal, Nagaon, in Misc. Case No. 31/2025 (in Election Petition No. 03/2025), restraining the respondent authorities from administering the Oath of Office to the petitioner... stands set aside."

It further ordered: "The petitioner... shall be entitled to take the Oath of Office as the Anchalik Panchayat Member of Singimari Anchalik Panchayat and he would also be entitled to contest the election for the post of President, and/or Vice President... subject to the outcome of the final order(s) that would be passed by the Election Tribunal..."

Also Read: Gauhati High Court Quashes Appointment Cancellation Of School Principal | Says Only University Can Decide Validity Of B.Ed. Degree In Consultation With NCTE

The Court directed: "The Election Tribunal, Nagaon, should proceed to hear and dispose of the Election Petition No. 03/2025, expeditiously. The parties... are also directed to cooperate with the Election Tribunal... for early disposal of the said Election Petition."

The Court also permitted the petitioner to rely on a downloaded copy of the judgment until a certified copy could be obtained.

Advocates Representing the Parties:

For the Petitioner: Dr. Pooja Agarwal, Advocate; Ms. S. Nath, Advocate

For the Respondents: Mr. M.K. Hussain, Advocate; Mrs. S.Y. Ahmed, Advocate; Mr. M. Alom, Advocate; Mr. R. Dubey, Standing Counsel, State Election Commission; Mr. N. Das, Government Advocate; Mr. S. Dutta, Standing Counsel, Panchayat & Rural Development Department

Case Title: Taijul Islam v. Enamul Hussain & Ors.

Neutral Citation: 2025: GAU-AS:9393

Case Number: WP(C)/4026/2025

Bench: Justice N. Unni Krishnan Nair