TULIRAM RANGHANG Vs. JOYRAM ENGLAND

JUDGEMENT

(1.) The challenge in this writ appeal is the interim order dated 29.10.2013 passed by the learned Single Judge in the writ petition being WP (C) No. 6239/2013 filed by the writ petitioner, who is the O.P. No. 1 in this appeal. The matter pertains to a no confidence motion brought against the writ petitioner by 20 members of the Karbi Anglong Autonomous Council (KAAC) vide no confidence motion dated 9.10.2013 addressed to the Chairman, KAAC. Be it stated here that the council. KAAC i.e. consists of 29 members inducing 4 nominated members and thus 20 members constitutes 2/3rd of the members of the council. The O.P. No. 1 i.e. the writ petitioner was elected as the Member of KAAC and thereafter he was elected as the Chief Executive Member of the executive committee of the council on 20.1.2012. The executive committee of the council constituted by elected and 4 nominated members was headed by the writ petitioner. As contended in the appeal, on 15.9.2013, the Joint Parliamentary meeting of the Indian National Congress of which the writ petitioner is a member held a meeting and opined that the writ petitioner should resign as Chief Executive Member. However, when no resignation was tendered, on 30.9.2013, 17 members of the council including 14 Executive Members and 3 nominated members submitted representation before the Chairman of the council bringing a no confidence motion against him. On receipt of the representation, the Chairman moved the Governor of Assam for required approval as per the provision of Assam Autonomous District (Constitution of District Councils) Rules, 1951. The required approval was accorded for summoning of an emergent session of the KAAC as per the provisions of the aforesaid rules.

(2.) The aforesaid proceeding initiated against the writ petitioner was put to challenge by filing a writ petition being WP(C) No. 5873/2013 and by an interim order, it was provided that the Chairman, KAAC shall not act on the motion of no confidence dated 30.9.2013.

(3.) After the aforesaid development, another no confidence motion dated 9.10.2013 addressed to the Chairman, KAAC by 20 members of the council was brought against the writ petitioner. By the said requisition dated 9.10.2013, the Chairman was requested to convene a special session of the council within 48 hours seeking removal of the writ petitioner as Chief Executive Member. By a notification dated 10.10.2013, the Chairman summoned a special meeting of the council to discuss the no confidence motion against writ petitioner on 15.10.2013. In the said special session, the no confidence motion was passed against the writ petitioner and he was removed as Chief Executive Member. Thereafter, vide another notification dated 15.10.2013, nominations were invited for election of new Chief Executive Member and on 17.10.2013, the present appellant No. 1 was elected as the new Chief Executive Member of the council, which was notified on the same date i.e. 17.10.2013.