BANESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India seeking a direction to the respondent Nos. 1 and 2 not to treat the respondent No. 3 as Chairman of Nalbari Municipal Board, for short, the Board, as he was removed from the post of Chairman, Nalbari Municipal Board in a special meeting held on 21.04.2012. A further prayer has been made for a direction to the respondent No. 2 to facilitate election of a new Chairman of the Board. The case of the writ petitioner, in short, is that the Board is constituted of 12 members of Commissioners and 2 Ex-Officio members. The petitioner is an elected Commissioner of the Board and was selected as the Vice-Chairman of the Board. The respondent No. 3 was selected as the Chairman of the Board. On 27.03.2012, 4 Commissioners issued a notice of no confidence motion against the respondent No. 3 and requested him to convene a special meeting for discussion of a motion of no confidence in accordance with the provision of Section 43 of the Assam Municipal Act, 1956, for short, the Act. No steps were taken on the said notice by the respondent No. 3 and on the contrary, on 07.04.2012, the respondent No. 3 issued a notice for a meeting to be held on 12.04.2012 to resolve certain matters. On 12.04.2012, 4 Commissioners issued a notice to the respondent No. 3 expressing protest and their intention to boycott the meeting and questioning the summoning of the meeting on 12.04.2012 instead of holding a special meeting for considering a no confidence motion.

(2.) On 12.04.2012, after the notice was given by the 4 Commissioners, the respondent No. 3 wrote a letter contending that the allegations leveled must be made specific and in absence thereof, the notice dated 27.03.2012, is illegal. The requisitionists convened a special meeting on 21.04.2012 by a notice dated 17.04.2012 in terms of Section 43 (3) of the Act to discuss the no confidence motion against the respondent No. 3. Accordingly, a meeting was held on 21.04.2012 which was attended by 6 Commissioners and 1 Ex-Officio member on the agenda "Removal of Chairman under Section 28 (2) of the Assam Municipal Act, 1956."

(3.) On 26.04.2012, the petitioner submitted a representation before the respondent No. 1 with a prayer for a direction to the respondent No. 2 not to treat the respondent No. 3 as a Chairman of the Board. As the respondent authorities did not respond by taking any steps towards removing the respondent No. 3 from the post of Chairman, the petitioner has approached this Court.