Tripura High Court
Smt. Nandini Chakma vs The State Election Commissioner on 24 August, 2017
Author: S. Talapatra
Bench: S. Talapatra
IN THE HIGH COURT OF TRIPURA
AGARTALA
W.P.(C) No.600 of 2017
Smt. Nandini Chakma,
wife of late Ashok Kumar Chakma,
resident of Dakshin Dhanicherra, P.S.
Pecharthal, Unakoti, Tripura
.....Petitioner
Versus
1. The State Election Commissioner,
the State Panchayet Commission,
Constituted under Article 243K of the
Constitution of India, read with Section 176
of Tripura Panchayet Act, 1993, situated at
New Secretariat Complex, P.S. N.C.C., West
Tripura, PIN-799006
2. Tripura Tribal Areas Autonomous District Council,
represented by its Chairman, Khumulwng,
P.S. Jirania, West Tripura
3. The Zonal Development Officer,
Tripura Tribal Areas Autonomous District
Council, North Zone, Machmara, District -
Unakoti, Tripura
........ Respondents
BEFORE
THE HON'BLE MR. JUSTICE S. TALAPATRA
For the petitioner : Mr. P.K. Biswas, Sr. Advocate
For the respondent No.1 : Mr. P. Datta, Advocate
For the respondents No.2 & 3 : Mr. T.D. Majumder, Advocate
Date of hearing and delivery : 24.08.2017
of Judgment & Order
Yes No
Whether fit for reporting : √
JUDGMENT & ORDER (ORAL)
Heard Mr. P.K. Biswas, learned senior counsel appearing for the petitioner as well Mr. P. Datta, learned counsel appearing for the Tripura State Election Commissioner who is responsible for holding election of the Village Committee under Tripura Tribal Areas Autonomous District Council [the TTADC in short] on reference and [2] Mr. T.D. Majumder, learned counsel appearing for the TTAADC and its officers.
[2] The petitioner has unfolded a case that she is the elected member of Seat No.4 under Constituency No.III of Dakshin Dhanicherra Village Committee. Dakshin Dhanicherra Village Committee consists of 7(seven) constituencies. During the last election, Indian National Congress [the INC in short] own 4(four) seats and formed the majority. The petitioner was elected as the Chairman of the said village committee. One 'No Confidence Motion' was moved and when the no confidence motion was put in motion for removal of the petitioner as the Chairman, according to the petitioner, for cross voting by one of the elected members from the INC, namely Sri Hriday Chakma, the said no confidence motion was passed and the petitioner was removed from the post of Chairman of the said village committee. Sri Hriday Chakma was elected as the member of the village committee. He was proceeded for disqualification as per the provisions of Tripura Tribal Areas Autonomous District Council (Establishment of Village Committee) Act, 1994 as he violated Section 7(1)(b) of the said act by disobeying the whip given to him on 14.12.2016. Finally, said Hriday Chakma was disqualified and his membership had ceased on cancellation w.e.f. 17.01.2017 by virtue of the order [Annexure-7 to the writ petition] issued by the Zonal Development Officer, North Zone, Machmara, Unakoti, Tripura. As consequence thereof, the Seat No.5 of Constituency No.III has fallen vacant. Hence, the respondents were legally bound to hold the election in accordance W.P.(C) No.600 of 2017 Page 2 of 6 [3] with Rule 75(Part-V) of TTADC Village Committee (Conduct of Election) Rules, 1996. But the grievance of the petitioner is that they are dillydallying the matter and allowing the village committee function most illegally.
[3] The respondents by filing the reply did not dispute the basic facts as laid by the petitioner but the respondent No.1 in particular, by filing an affidavit has stated that the respondents No.2 and 3 have informed about the vacancy and requirement of holding of bye election. Thereafter, the respondent No.1 has taken all requisite actions to hold the bye election at an early date. The respondent No.1 in his reply filed on 23.08.2017 has stated as under:
"1. That, the State Election Commission received a letter from the Addl. Secretary Government of Tripura, Tribal Welfare Department vide No.F.17- 176(7)/TW/ADC/Elect/VC/2016/9159-67 dated 26.07.2017 in which made request for holding of bye election to fill up the casual vacancy of seat No.5 of constituency No.III of Dakhsin Dhanicherra Village Committee under Pecharthal RD Block.
2. That, on receipt of said letter, the State Election Commission considered to take necessary step for holding election to fill up the said casual vacancy.
3. That, the Rule 4 of the Tripura Tribal Areas Autonomous District Village committee (Preparation of Electoral Roll) Rules, 1996 states that the State Election Commissioner shall in consultation with the Executive Committee and State Government designate or nominate a District Election Officer (DEO) who shall be an officer of the Government of Tripura.
4. That, the Rule 5 of the Tripura Tribal Areas Autonomous District Village Committee (Preparation of Electoral Roll) Rules, 1996 also provides that electoral roll for the Village Committee constituency shall be prepared by an Electoral Registration Officer (ERO) who shall be such officer of the Government or of local authority as the State Election Commissioner may, in consultation with the Executive Committee and the State Government designate or nominate in this behalf.
5. That, the Rule 8 of the Tripura Tribal Areas Autonomous District Village (Conduct of Election) Rules, 1996 also provides that for every constituency for every election to fill a seat or seats of the Village W.P.(C) No.600 of 2017 Page 3 of 6 [4] committee the Election Commissioner shall, in consultation with State Government and Executive Committee appoint Retuning Officer (RO) who shall be an officer of the State Government within his territorial jurisdiction the constituency or a portion thereof is situated.
6. That, accordingly in consultation with the Executive Committee and the State Government, the DM & Collector or Unokoti District has been designated as District Election Officer (DEO) vide Notification No. 1(2)-SEC/VC/BYE-ELECT/2017/6750
-80, dated 18.08.2017 and Block Development Officer of Pecharthal RD Block has been nominated/ Designated as Electoral Registration Officer (ERO) and Returning Officer (RO) vide Notification No.F.1(2)-SEC/VC/BYE-ELECT/2017/6812-42, dated 18.08.2017 and F.1(2)-SEC/VC/BYE-
ELECT/2017/6721-6811, dated 18.08.2017 respectively by the State Election Commission.
7. That, the State Election Commission has also issued letter vide No.1(5)-SEC/VC/BYE-ELECT/2017/6906- 24 dated 21.08.2017 to the Returning Officer/Electoral Registration Officer to furnish the name and number of the Assembly Constituency/Constituencies as relates to the area of the Village Committee Constituency for taking further course of action.
8. That, the Rule 15 of the Tripura Tribal Areas Autonomous District Village Committee (Preparation of Electoral Roll) Rules, 1996 says (1) subject to the provisions of these Rules, so much of the electoral rolls of any Assembly constituency or as the case may be, Assembly Constituencies, for the time being in force, as relates to the area comprised within the Autonomous District, shall be the electoral rolls for the election of a member of a Village Committee. (2) So much of the electoral rolls for any Assembly constituency, or as the case may be, Assembly Constituencies for time being in force, as to the area comprised within a constituency, shall be the electoral rolls for the election of a member of a Village Committee from that constituency. (3) The electoral roll for each constituency of a village committee shall be prepared by Electoral Registration Officer nominated/designated for that constituency. (4) For the purpose of the preparing the electoral roll of each constituency of Village Committee electoral rolls of any ASSEMBLY Constituency or as the case may be, Assembly Constituencies shall be split up such manner as the Electoral Registration Officer may consider fit, proper and necessary.
9. That, the State Election Commission has also made request to the Election Department, Tripura vide letter No.F.1(5)-SEC/VC/BYE-ELECT/2017/6925-28, dated 21.08.2017 to provide soft copies of the respective Assembly Electoral Rolls for the time being in force to the State Election Commission for taking necessary step for preparation of the draft electoral roll of the Village Committee constituency.
10. That, message addressed to the District Election Officer (DM & Collector) Vide No.F.1(6)-SEC/VC/BYE- ELEC/2017/6865-86 and F.1(7)-SEC/VC/BYE- ELEC/2017/6843-64 respectively dated 19.08.2017 has also been issued from the State Election Commission to send the proposal for Assistant W.P.(C) No.600 of 2017 Page 4 of 6 [5] Electoral Registration Officer and Assistant Returning Officer. On receipt of the proposal, steps to be taken for appointment of Assistant Electoral Registration Officer and Assistant Returning Officer as per provision of Rule 6 of the Tripura Tribal Areas Autonomous District Village Committee (Preparation of Electoral Rolls) Rules, 1996 and Rule 9 of the Tripura Tribal Areas Autonomous District Village Committee (Conduct of Election) Rules, 1996.
11. That, the State Election Commission has also issued a letter vide No.F.1(9)-SEC/VC/BYE- ELEC/2017/6906-24 dated 21.08.2017 to the Returning Officer to take necessary step for providing list of Polling Stations in which direction/guidelines for setting up of Polling Stations has also been provided."
[4] Mr. P.K. Biswas, learned senior counsel appearing for the petitioner has submitted that the State Election Commission has unnecessarily going for the preparation of the fresh electoral roll in purported exercise of the power under Rule 15 of the TTADC Village Committee (Preparation of Electoral Roll) Rules, 1996. The bye election is supposed to be held on the basis of the electoral roll finally published during the main election.
[5] Mr. P. Datta, learned counsel appearing for the petitioner has submitted that the electoral roll has as a matter of the process to be published for holding the bye election against the said vacancy.
[6] Having due regard to the stand taken by the respondent No.1, this court finds that the required expedition is absent in the action of the respondent No.1. Be that as it may, the respondent No.1 in particular, is directed to complete the entire process of election by 30.11.2017. It is made clear that this court will not extend any time even on application from the respondent No.1. This time has been given having considered the festive season that would intervene during this period.
W.P.(C) No.600 of 2017 Page 5 of 6 [6]With this observation and direction, this writ petition stands allowed to the extent as indicated above.
However, there shall be no order as to costs.
A copy of this order be furnished to Mr. P. Dutta, learned counsel appearing for the respondent No.1 for doing the needful.
JUDGE Sujay W.P.(C) No.600 of 2017 Page 6 of 6