Sub- Divisional Welfare Boards For ... vs The State Of Assam & 7 Ors on 9 March, 2017
13. We shall now refer to the decisions cited by the learned Senior
counsel for the State and examine whether the State gets any help from
them. The cases of State of Assam vs. Makhan Pegu and Mahesh Doley vs.
State of Assam were decided by another but same Division Bench of this
Court. In these cases, the Government had constituted interim council by
nominating Members under Section 80 of the Missing Autonomous Council
Act, 1995 who were subsequently removed. Aggrieved, the nominated
Members challenged their removal. The question therefore arose was
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whether such nominated Members could be removed at the pleasure of the
Government. Section 80 which was the foundation of decision is reproduced
as under: