AJIT PAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this writ petition, the petitioner is challenging the decisions dated 12.8.2003 (Annexure 3) and dated 18.9.03 (Annexure 6) of the respondent 5 and the letter dated 16.9.2003 (Annexure 5) issued by the respondent 2 and also praying for issue of a writ in the nature of Mandamus directing the respondents to forthwith convene a meeting of Uttar Chebri Gram Panchayat for electing the Pradhan and Upa-Pradhan by simple majority of the members present in the meeting.

(2.) To appreciate the controversies involved in the writ petition, it will be necessary to set out the brief facts of the case as emerged from the pleadings of the parties.

(3.) The petitioner Nos 1 and 2 are the elected members of Uttar Chebri Gram Panchayat which was constituted under the provisions of the Tripura Gram Panchayat Act, 1993 (herein after called, the Act). The petitioner No. 1 is presently holding the post of Upa-Pradhan as a stop-gap arrangement in the absence of an Upa-Pradhan elected under the provision of sub-section (8) of section 20 of the Act. It may be noticed that in the later part of 1999, election to the Gram Panchayat of the State of Tripura was held. Uttar Chebri Gram Panchayat consisted of 9 elected members, hi the said election, seven members belonging to the Indian National Congress including the petitioners were elected while two members sponsored by the CPI (M) were also elected to the said Gram Panchayat. The term of the Gram Panchayat is five years. Out of seven elected members of the Indian National Congress, two members namely, Nibaran Pal and Lalit Dasdied on 18.10.2000 and 31.10.2001 respectively. The said Nibaran Pal, till his death, was the elected Upa-Pradhan of the Gram Panchayat in question. After the death of those two members, the strength of the members of the Gram Panchayat was reduced to seven, out of which five belonged to Congress and two belonged to CPI (M). It may also be stated that after the first meeting of the Gram Panchayat following the election in 1999, the petitioner No.2 and the deceased Nibaran Pal were elected as Pradhan and Upa-Pradhan respectively. After the death of the said Nibaran Pal and before action to the vacant post of Upa-Pradhan was held, a no confidence motion was carried out against the respondent No.2 in a meeting of the Gram Panchayat dated 19.5.2003. hi the said meeting, two members of the Panchayat, namely, Smti Sukia Das and Sri Sanjoy Shil belonging to the Indian National Congress voted against the whip issued by the party and, as such, they were disqualified and ceased to be members of the Panchayat by operation of sub--, section (3) of section 60 of the Tripura Panchayat Act, 1997 with effect from 18.7.2003 vide Memorandum dated 18.7.2003, issued by the respondent No.4.