KANAKWSWAR NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard Mr. G. Uzir, learned counsel for the petitioners, Mr. C. Choudhury, learned Sr. Govt. Advocate, Assam and Mr. M. Sarania, learned counsel for the respondent No. 3.

(2.) This petition has been filed by a public spirited person in the form of public interest litigation. The petitioner No. 1 is the President of United Bodo National Liberation Front (UBNLF), a social organisation and was an instrumental in passing the Act called 'Bodoland Autonomous Council Act, 1993' (in short 'the Act') and spearheading the implementation of the Act with letter and spirit. The petitioner No. 2 is presently a Member of the Legislative Assembly and was General Secretary of the same organisation. In this petition the petitioners are aggrieved by an order dated 17-4-2000 (Annexure B) dissolving the ad hoc interim Bodoland Autonomous Council constituted on 15-6-96, purportedly in exercise of powers conferred under S. 62 of the Bodoland Autonomous Council Act, 1993. Petitioners are also aggrieved by another order dated 17-4-2000 (Annexure-C) by which the Governor of Assam was pleased to constitute an Advisory Committee for the Bodoland Autonomous Council with the members mentioned therein. The petitioners prayed for as many as nine reliefs. However, at the time of hearing of this petition Mr. Uzir, learned counsel for the petitioners abandoned the rest of the reliefs and confined his submissions on third reliefs namely, (a) quashing of the order dated 17-4-2001 dissolving the Ad hoc Council (Annexure B) and, (b) the other order dated 17-4-2000 (Annexure-C) constituting the Advisory Committee and "C". It is also the prayer of the petitioners to issue a writ of Mandamus directing the respondents to hold General Election of the Council within the time bound schedule.

(3.) Before we advert to the merit of the case, it is necessary to have a quick survey of the relevant section of the Act and aims and objects of the Bodo Accord incorporated in the Act. The Bodoland Autonomous Council Act is the creation of the Memorandum of the settlement of Bodo Accord. It is tripartite Accord signed by the Government of India, Assam on one side and President of ABSU (All Bodo Students' Union) and Chairman of BPAC on the other side.