SUBAL RADHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) These writ petitions are filed by the Chairmen and the Vice Chairman of two Town Committees, namely, Lakhipur Town Committee and Sarthebari Town Committee, assailing the requisition notices given by the elected Commissioners and Ex-Officio Members of the Town Committees, who are the members of the Legislative Assembly of Assam and the consequent no confidence proceeding initiated against them, on the ground that the members of the Legislative Assembly of Assam, who are the Ex-Officio members of the Town Committees, have no right to issue the requisition and vote in a no confidence proceeding initiated against the Chairman and Vice Chairman of the Town Committees, they being not the elected Commissioners of such Town Committees.

(2.) WP(C) No.3974/2011 has been filed by the petitioner challenging the requisition notice dated 21.07.2011 to convene the special meeting to discuss the no confidence motion brought against him as the Chairman of the Lakhipur Town Committee. During pendency of the writ petition, the said special meeting, however, was convened and vide resolution dated 19.08.2011 the motion expressing want of confidence on the petitioner was adopted on 19.08.2011, who is continuing to discharge the function as the Chairman by virtue of the interim order passed in the writ petition with the rider that he will not take any major decision and shall not spend the fund of the Municipality except for payment of salaries and wages to the employees and for incurring the day to day expenses for undertaking cleaning of the municipal area.

(3.) WP(C) Nos.4547/2011 and 4550/2011 are filed by the Chairman and the Vice Chairman of the Sarthebari Town Committee, challenging the requisition notices dated 23.08.2011 and 24.08.2011, respectively, to convene the special meeting to discuss the motion expressing want of confidence on them. Interim orders have also been passed in these writ proceedings directing not to give effect to the resolution to be adopted in the special meeting until further order and also restraining them from taking any major decision and spending any municipal fund except for payment of salaries and wages to the employees and also for cleaning of the municipal area.