GEETA BAIRAGI Vs. DEEPAK KUMAR DAS

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned counsel for the appellant and Mr. M.H. Choudhury, learned counsel and Mr. M.A. Sheikh, learned counsel for the respondents and Ms. A. Hazarika, learned State counsel for respondents Nos. 3, 4 and 5.

(2.) Fourteen Commissioners of Bilasipara Town Committee (hereinafter referred to as the Board) were elected on 16.6.1997. Under Section 26 of the Assam Municipal Act, 1956 (hereinafter referred to as the Act), the tenure of the Commissioners of a Board is five years. Section 33 of the Act provides the: manner of appointment or election of Chairman and Vice-Chairman of the Board. It inter alia provides that from amongst the Commissioners, Chairman and Vice- Chairman shall be elected. Sub-section (4) of Section 33 provides that when the Commissioners fail to elect a Chairman or a Vice-Chairman under Section 33, the State Government shall appoint by name one of the Commissioners to be the Chairman, or Vice- Chairman, as the case may be. On 1.9.97, one Smt. Sumitra Biswas and Shri Ganeshmal Sethia, were elected as Chairman and Vice- Chairman, respectively. However, both of them were removed from the office of Chairman and Vice-Chairman on 13.1.99. It is not necessary to go into the question of their removal as that is not the subject matter of challenge.

(3.) On 30.1.99, the concerned Deputy Commissioner issued a notification for election of Chairman and Vice-Chairman. Elections did take place on 10.2.1999. The appellant and respondent No. 1 were the candidates for Chairmanship, whereas respondent No.2, that is, Yusuf Ali Ahmed, was a candidate for the office of Vice-Chairman, along with respondent No. 6, Shri Ajoy Ghosh. Both the candidates for the office of Chairman as well as for Vice-Chairman got 7 (seven) votes each. In other words, there was an impasse.