RAMSING RONGHANG Vs. KARBIANGLONG AUTONOMOUS COUNCIL

JUDGEMENT

(1.) These are two writ petitions filed under Article 226 of the Constitution of India relating to removal of a Member of the Executive Committee of the Karbianglong Autonomous Council (hereinafter referred to as "the Council") and appointment of a Member to the Executive Committee of the said Council in his place. Since common questions of fact and law arise in these writ petitions, they are being disposed of by this common judgment.

(2.) The relevant facts briefly are that on 18.7.96 9 members of the Executive Committee of the Council including the petitioner in Civil Rule No. 4711/98, Sri Ram Sing Ronghang, were appointed by notification issued by orders of the Governor of Assam. Sri Ram Sing Ronghang was given charge of the Food & Civil Supplies Department along with other Departments. Thereafter, differences arose between Sri Ram Sing Ronghang and the Chief Executive Member of the Council, and a notification was issued on 2.12.97 by the Chief Executive Member of the Council relieving Sri,Ram Sing Ronghang from the Executive Committee of the Council. In the said notification dated 2.12.97, it was also stated that the subjects allotted to Sri Ram Sing Ronghang would now be dealt by the Chief Executive Member of the Council until further orders. Aggrieved by the said notification dated 2.12.97, Sri Ram Sing Ronghang has filed Civil Rule No. 4711/ 98 with the prayers to the Court to quash the said notification dated 2.12.97 and to prohibit the respondents from filling up the post of Executive Member of the Council held by him. On 18.9.98, this Court while issuing notice on the respondents passed orders on the prayer for interim orders that if the post of Executive Member of the Council is filled up during the pendency of the writ petition, it would be subject to decision in the writ petition.

(3.) On 20.4.98, the Deputy Secretary i/c of the Council wrote to the Commissioner & Secretary to the Government of Assam, Hill Areas Department that the Chief Executive Member has inducted Sri Jeevan Pathak and Sri Mangal Singh Teron, who were Members of the Council, as Members of the Executive Committee of the Council and requested the Commissioner & Secretary to the Government of Assam to convey the approval of the Governor accordingly. Again on 8.6.98 the Deputy Secretary i/c of the Council wrote to the Commissioner & Secretary to the Govt. of Assam, Hill Areas Departmentrequesting to move the Governor of Assam for appointment of Sri Jeevan Pathak and Sri Mangal Sing Teron as Members of the Executive Committee of the Council. When no approval of the Governor was conveyed, the Deputy Secretary i/c of the Council wrote another letter dated 31.7.98 requesting him to convey the necessary approval of the Governor of Assam to the appointment of Sri Jeevan Pathak and Sri Mangal Sing Teron as Members of the Council. By letter dated 28.5.99, approval of the Governor to the appointment of Sri Mangal Sing Teron as Member of the Executive Committee of the Council was communicated by the Secretary to the Governor, and by notification dated 1.6.99 of the Government of Assam in the Hill Areas Department Sri Mangal Sing Teron was appointed as a Member of the Executive Committee of the Council. Since the petitioner in W.P.(C) No. 2448/99, Sri Jeevan Pathak, was not appointed as a Member of the Executive Committee of the Council, he has filed the said writ petition with a prayer to the Court to issue a mandamus to the respondents to approve/appoint him as a Member of the Executive Committee of the Council immediately. In the aforesaid writ petition, W.P.(C) 2448/99, Sri Jeevan Pathak has also prayed for an interim order directing the respondents to allow him to function as an Executive Member of the Council during the pendency of the writ petition. On 24.5.99, this Court issued notice and granted some time to the learned Government Advocate, Assam, to obtain certain instructions, and on 1.6.99 after hearing the counsel for the petitioner, learned Government Advocate and the learned counsel for the Council passed interim order directing that the petitioner, Sri Jeevan Pathak, would be allowed to function as a Member of the Executive Committee of the Council until further orders.