ELOWARA KHATUN vs SHAHIDA AHMED AND 7 ORS. Advocate - MR. R ALI, ,SC, ASEC,SC, P AND R.D.,GA, ASSAM,MR H A AHMED — WA/95/2026

Case under Gauhati High Court Rules Section CHAPTER V. Disposed: Contested--Dismissed on 01st April 2026.

Case disposed

CNR: GAHC010047422026

e-Filing Number

06-03-2026

Filing Number

WA/2677/2026

Filing Date

06-Mar-2026

Registration No

WA/95/2026

Registration Date

27-Mar-2026

Judge

Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

Coram

Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

Bench Type

Division Bench

Category

10237 - Writ Appeals under the Gauhati High Court Rules. ( 204 )

Judicial Branch

Civil Section

Decision Date

01-Apr-2026

Nature of Disposal

Contested--Dismissed

Last updated 01-May-2026

Acts & Sections

Gauhati High Court Rules Section CHAPTER V

Petitioner(s)

  1. 1.ELOWARA KHATUN

    Adv. MR H R A CHOUDHURY,MR. A M AHMED,MR. A M AHMED, ,P. GHOSH,MR. SAYED SALIM AHMED,MR. A M AHMED

Respondent(s)

  1. 1.SHAHIDA AHMED AND 7 ORS. Advocate - MR. R ALI, ,SC, ASEC,SC, P AND R.D.,GA, ASSAM,MR H A AHMED

  2. 2.MAHIBUL HOQUE

  3. 3.THE STATE OF ASSAM

  4. 4.THE DISTRICT COMMISSIONER, BARPETA

  5. 5.THE CIRCLE OFFICER, CHENGA REVENUE CIRCLE (AUTHORISED OFFICER)

  6. 6.THE BLOCK DEVELOPMENT OFFICER, GUMAFULBARI DEVELOPMENT BLOCK

  7. 7.THE STATE ELECTION COMMISSION, ASSAM

  8. 8.THE DISTRICT ELECTION OFFICE, BARPETA

Case History

  1. Case disposedDisposed

  2. 01-Apr-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

    Case Summary The Gauhati High Court dismissed an appeal and upheld the Single Judge's decision that a validly cast vote cannot be invalidated based on alleged breach of ballot secrecy without express statutory authorization. The District Commissioner's cancellation of a decisive vote—based solely on observing a flashlight during voting—lacked legal foundation under Rule 46(7) of the Assam Panchayat (Constitution) Rules, 1995, which exhaustively lists grounds for vote invalidation and does not include voter-conduct-related secrecy breaches. The court held that electoral rights, being statutory in nature, can only be curtailed through express legal provisions, not conjecture, and the tie in the panchayat election should be resolved per prescribed procedure. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 06-Mar-2026

    Case filed

    Registration No. WA/95/2026

casestatus.in Summary

Case Summary The Gauhati High Court dismissed an appeal and upheld the Single Judge's decision that a validly cast vote cannot be invalidated based on alleged breach of ballot secrecy without express statutory authorization. The District Commissioner's cancellation of a decisive vote—based solely on observing a flashlight during voting—lacked legal foundation under Rule 46(7) of the Assam Panchayat (Constitution) Rules, 1995, which exhaustively lists grounds for vote invalidation and does not include voter-conduct-related secrecy breaches. The court held that electoral rights, being statutory in nature, can only be curtailed through express legal provisions, not conjecture, and the tie in the panchayat election should be resolved per prescribed procedure. This case analysis is maintained by casestatus.in based on publicly available court records.

Explore other courts

District Courts Supreme Court
Search Another Case