Gauhati High Court
Surya Phukan vs The State Of Assam And 20 Ors on 6 March, 2019
Author: Arup Kumar Goswami
Bench: Arup Kumar Goswami
Page No.# 1/6
GAHC010047422019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1529/2019
1:SURYA PHUKAN
S/O. LT. CHITRA PHUKAN, COMMISSIONER OF WARD NO. -3, R/O. WARD
NO.-3, NORTH LAKHIMPUR, C. D. ROAD, P.O. AND P.S. NORTH
LAKHIMPUR, DIST. LAKHIMPUR, ASSAM-787001.
VERSUS
1:THE STATE OF ASSAM AND 20 ORS.
REP. BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM,
URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION
ASSAM
DISPUR
GUWAHATI-06.
3:THE DY. COMMISSIONER
LAKHIMPUR
NORTH LAKHIMPUR.
4:THE NORTH LAKHIMPUR MUNICIPAL BOARD
NORTH LAKHIMPUR REP. BY THE EXECUTIVE OFFICER
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM-787001.
5:THE EXECUTIVE OFFICER
NORTH LAKHIMPUR MUNICIPAL BOARD
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM-787001.
6:SMT. RENUKA GOHAIN BORUA
W/O. SRI UTTAM GOHAIN BORUA
Page No.# 2/6
COMMISSIONER OF WARD NO. - 2
R/O. WARD NO. 2
NAKARI
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
7:SMT. JINAMONI HAZARIKA GOGOI
W/O. SRI JYOTI GOGOI
COMMISSIONER OF WARD NO. - 5
R/O. WARD NO. 5
CHETIAGAON
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
8:SMT. DIPIKA BORA
W/O. SRI KAMINI BORA
COMMISSIONER OF WARD NO. - 11
R/O. WARD NO. 11
K. B. ROAD
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
9:SMT. SABINA YESMIN HAZARIKA
W/O. IMTAZ ALI HAZARIKA
COMMISSIONER OF WARD NO. - 13
R/O. WARD NO. 13
K. B. ROAD
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
10:SMT. GITIMONI HAZARIKA
W/O. SRI GYAN HAZARIKA
COMMISSIONER OF WARD NO. - 7
R/O. WARD NO. 7
T. H. ROAD
NORTH LAKHIMPUR
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
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11:AMAL KUNDU
S/O. AMULYA KUNDU
COMMISSIONER OF WARD NO. - 10
R/O. WARD NO. 10
GOPINAGAR
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
12:SOMIRAN KONWAR
S/O. LT. KANAK CH. KONWAR
COMMISSIONER OF WARD NO. - 4
R/O. WARD NO. 4
AHUCHOUL GAON
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
13:MD ANOWAR HUSSAIN
S/O. LT. MD. SOFI
COMMISSIONER OF WARD NO. - 14
R/O. WARD NO. 14
KHELMATI NORTH LAKHIMPUR
P.O.KHELMATI
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
14:SMT. DIPA SINGH
W/O. SRI TILLU SINGH
COMMISSIONER OF WARD NO. - 6
R/O. WARD NO. 6
SHANTI NAGAR
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
15:PRASANTA DAS
W/O. LT. LEKHAN DAS
COMMISSIONER OF WARD NO. - 12
R/O. WARD NO. 12
CHAPORIGAON
NORTH LAKHIMPUR
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P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
16:SMT. KALPANA SAHU
W/O. SRI BIJIT SAHU
COMMISSIONER OF WARD NO. - 8
R/O. WARD NO. 8
THANA ROAD
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
17:MILAN CH. DEBNATH
S/O. LT. MONI DEBNATH
COMMISSIONER OF WARD NO. - 9
R/O. WARD NO. 9
BAZAR PUTTY
NORTH LAKHIMPUR
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
18:SMT. MRIDULA PHUKAN
W/O. SRI PRADIP PHUKAN
COMMISSIONER OF WARD NO. - 1
R/O. WARD NO. 1
NAKARI
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
19:RANEE NARAH
W/O. SRI BHARAT CH. NARAH
MEMBER OF COUNCIL OF STATES CUM EX-OFFICIO MEMBER OF NORTH
LAKHIMPUR MUNICIPAL BOARD
R/O. WARD NO. 7
D. K. ROAD
NORTH LAKHIMPUR
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN-787001.
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20:PRADAN BORUAH
S/O. LT. MATHURA BORUAH
MEMBER OF PARLIAMENT NO.-14 LAKHIMPUR LOK SABHA
CONSTITUENCY CUM EX-OFFICIO MEMBER OF NORTH LAKHIMPUR
MUNICIPAL BOARD
R/O. VILL. AMRITPUR
SILAPATHAR
P.O. AND P.S. SILAPATHAR
DIST. DHEMAJI
ASSAM
PIN-787059.
21:UTPAL DUTTA
S/O. LT. REBOT DUTTA
MEMBER OF 111 LAKHIMPUR LEGISLATIVE ASSEMBLY CUM EX-OFFICIO
MEMBER OF NORTH LAKHIMPUR MUNICIPAL BOARD
R/O. WARD NO. 8
P.O. AND P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM-787001
Advocate for the Petitioner : MR. B D GOSWAMI
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
06.03.2019 Heard Mr. B.D. Goswami, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned State counsel, appearing for respondent Nos.1--5.
Issue notice of motion, returnable in 6(six) weeks.
No formal steps with regard to the respondent Nos.1--5 are called for as they are duly represented. However, extra copies of the writ petition be served upon the learned counsel appearing for the respondents.
Steps for service of notice on respondent Nos.6--21 by registered post with A/D. Also heard the learned counsel for the appearing parties on the interim prayer.
Page No.# 6/6 The petitioner was elected Chairman of North Lakhimpur Municipal Board on 17.01.2019. On 02.03.2019, a letter was issued by the respondent Nos.6--13 to the petitioner in respect of a no confidence motion. It also appears from the Annexure-7 notice dated 04.03.2019 issued by the respondent No.7 that on 05.03.2019 at 10 A.M. a meeting was convened in the Conference Hall of North Lakhimpur Municipal Board for election of a new Chairman and Vice Chairman.
Section 28 of the Assam Municipal Act, 1956 provides that an elected Chairman or Vice Chairman may be removed from his office by a resolution of the Board in favour of which more than half of the whole number of Commissioners shall have given their votes at a meeting specially convened for the purpose.
Section 43(2) obliges the Chairman, or in his absence, the Vice Chairman, to call for a special meeting whenever a requisition is given by not less than three of the Commissioners. Section 43(3) provides that if the Chairman or the Vice Chairman fails to call the special meeting to meet within 20 days after any such requisition has been made, the meeting may be called by the persons who signed the requisition.
In the letter dated 02.03.2019, there is no reference to any requisition of a no confidence motion being given earlier. Eeven if the letter dated 02.03.2019 (Annexure-6) is treated to be a requisition, no meeting could have been held by the requisitionist for removing the Chairman or the Vice Chairman before expiry of 20 days. Prima facie, it appears that there is no resolution adopted in accordance with law for removing the petitioner on the basis of a no confidence motion. Prima facie, therefore, it logically follows that the notice to hold the election on 04.03.2019 to elect the new Chairman/Vice Chairman is also not sustainable in law.
In that view of the matter, until returnable date, the petitioner will continue to function as the Chairman of the North Lakhimpur Municipal Board.
Sd/-
JUDGE Comparing Assistant