SOMA CHAKRABORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. J.Saikia, learned counsel for the petitioner and Mr. D. Saikia, learned Senior Counsel assisted by Mr. A. Chaliha, learned counsel for all the respondents.

(2.) The notification No. UDD(M) 151/2009/358 dated 25.11.2019 was issued by the respondent no. 2 by way of which the respondent State in exercise of power u/s 298 of the Assam Municipal Act, 1956 dissolved the Dibrugarh Municipal Board of which the petitioner was the Chairperson, with immediate effect directing the respondent No. 4 to take charge of the Municipal Board. The said notification No. UDD(M) 151/2009/358 is under challenge in this writ petition. The petitioner was elected as the Chairperson of the Dibrugarh Municipal Board(DMB, for short) in the Special Meeting of the Board dated 24.4.2017 and assumed the charge. Some of the Ward Commissioners submitted a representation dated 26.9.2018 expressing their no confidence on the petitioner. A Special Meeting of the Board was held on 31.10.2018 and the no confidence motion was passed and a resolution was taken for her removal.

(3.) The petitioner filed WP(C) 7684/2018 which was disposed of by setting aside the resolution dated 31.10.2018 with a liberty to the private respondents therein to file fresh representation seeking for requisition of Special Meeting for no confidence against the petitioner. Though a fresh no confidence motion was initiated against the petitioner but the same failed. Acting on some allegations after the second no confidence motion, the Joint Secretary to the Govt. of Assam, Urban Development Department vide letter dated 11.4.2019 asked the petitioner to explain some of the allegations against her. She replied vide her letter dated 8.7.2019. Again the Director of Municipal Administration, Assam respondent no. 3 on the basis of media reports vide letter dated 14.10.2019 directed one Tasdiqur Rahman, SE and SEA to conduct an enquiry against the DMB. The petitioner cooperated and respondent no. 6, the Executive Officer, DMB furnished all the documents and records but the Secretary to the Govt. of Assam, Urban Development Department vide letter dated 24.10.2019 informed the petitioner several irregularities in the Board as per information of different sources and identifying the charges specifically asked the petitioner to appear before the said authority on 4.11.2019. Vide letter dated 25.10.2019 the petitioner requested for furnishing of the various enquiry reports to the Secretary, Urban Development Department for furnishing proper explanation. As there was no communication nor any move to supply the same, she appeared before the authority on 4.11.2019. Certain questions were asked to her and directed to write down her reply on oath and thereafter she could come to know from various print media that the DMB was dissolved by the Government vide impugned notice dated 25.11.2019.