SANDIPAN ENDOW Vs. STATE OF ASSAM

JUDGEMENT

(1.) By a notification No. TCP/19/85 Pt.IV/ 51 dated 5.9.1998 issued in exercise of powers conferred under Section 8-B(i) of the Assam Town and Country Planning Act, 1959 as amended, the Governor of Assam reconstituted the Silchar Development Authority and appointed Chairman and various other members for a period of 3 years from the date of issue of the notification. By the said notification appellant was appointed as Chairman of the Silchar Development Authority. The tenure of the appellant as Chiarman was to come to an end on 4.9.2001. However, on 26.3.2002 another notification was issued in exercise of powers conferred under Section 8B(I) of the Assam Town and Country Planning Act, 1959 read with Rule 8(2)(a) of the Assam Town and Country Planning (Management of Authority) Rules, 1963 extending the term of the appellant as Chairman of the Silchar Development Authority for another 3 years with effect from 4.9.2001. However, another notification was issued on 3.9.2001 cancelling the aforesaid notification dated 26.3.2001 extending the period of Chairmanship of the appellant which was to commence from 4.9.2001. By another notification of the same date i.e. 3.9.2001 the Deputy Commissioner, Cachar, Silchar was appointed as Chairman of the Silchar Development Authority and the appellant was asked to handover charge to him as Chairman on 4.9.2001. The notifications dated 3.9.2001 was made subject matter of challenge by the appellant as writ petitioner in WP(C) No. 6358/2001. Initially a stay was granted by the motion bench and the writ petition was admitted. However, vide judgment and order dated 2.5.2002 the writ petition has been dismissed. Hence, the present appeal.

(2.) Before adverting to the arguments of the learned counsel for the parties, we may observe here that the tenure of the office of the Chairman and other members as provided under Rule 8 of the Assam Town and Country Planning (Management of Authority) Rules, 1963 is in the following terms - "8. Terms and conditions of office of the Chairman and other members : (l)The term of office of the first members including the Chairman and the ex-officio members shall commence on such day as may be appointed by the State Government! (2) The term of office of the members including the Chairman but not including the ex- officio members shall be as follows:

(3.) It is admitted by both sides that in the Act or the Rules there is no specific power with the State Government to extend the period of tenure of Chairman or members. Section 8-B(4) provides for removal of members including the Chairman, which is in the following terms :-