NERSWN BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dutta, learned senior counsel assisted by Mr. M Das, learned counsel for the petitioners, Mr. D. Saikia, learned senior counsel, assisted by Mr. RKD Choudhury, learned counsel for the respondents No. 1, 2 and 3 being the Assam in the W.P.T.& B.C Department, respectively, Mr. A.K. Bhuyan, learned counsel for the Bodoland Territorial Council (BTC), Mr. B. Gogoi, learned counsel for the respondent No.5 being Mr. Rajesh Prasad, IAS. We have also heard Mr. D.K. Mishra, learned senior counsel, assisted by Mr. B Prasad, learned counsel for the intervener United People's Party Liberal (UPPL), a political party and Mr. M. Sarania, learned counsel for the intervener Mr. Naba Kumar Sarania who is a Member of Parliament from the Bodoland Territorial Area Districts (BTAD).

(2.) The two notifications bearing No.TAD/BTC/250/2020/30 and No.TAD/BTC/250/2020/31 both dated 27.04.2020 issued by the Commissioner & Secretary to the Govt. of Assam in the Welfare of Plain Tribes and Backward Classes (WPT&BC) Department are assailed in this petition with further prayers for a writ in the nature of mandamus directing the respondent authorities to grant an extension of the term of the General Council of the Bodoland Territorial Council (BTC) by strictly adhering to the constitutional provision under the 1st proviso to Paragraph 2(6A) of the Sixth Schedule to the Constitution of India (Sixth Schedule).

(3.) By the notification No.TAD/BTC/250/2020/30 dated 27.04.2020 His Excellency the Governor of Assam in exercise of the power under Paragraph 16(2) of the Sixth Schedule was pleased to assume to himself with immediate effect the administration of the Bodoland Territorial Area Districts (BTAD) and all functions and powers vested in or exercisable by the BTC; and further declare that all functions and powers vested in or exercisable by the aforesaid Council, the Executive Committee, the Chief Executive Member, Deputy Chief Executive Member, Speaker, Deputy Speaker and Executive Member of the Council, under the Sixth Schedule or any other law in force in the BTAD shall be subject to his superintendence, direction and control and be exercised by such person or authority as the Governor may by notification appoint in this behalf; and further directed that during the operation of the order under the notification all references in the Sixth Schedule or in any law, rules, regulation or orders to the Council in relation to the said districts, so far as it relates to the functions and powers vested or exercisable by the Council, be construed, unless the context otherwise requires, as reference to the Governor of Assam and in reference to the Executive Committee, Chief Executive Member, Deputy Chief Executive Member, Speaker, Deputy Speaker or Executive Member be construed, unless the context otherwise requires, as reference to the person or authority as may be appointed by the Governor as indicated above.