MAKHAN PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) By a notification, dated 11.04.2002 (Annexure A to the writ petition), the Government of Assam, in exercise of powers conferred under Section 80 of the Mising Autonomous Council Act, 1995 and Mising Autonomous Council (Amendment) Act, 1997, reconstituted the Interim Mising Autonomous General Council and Mising Autonomous Executive Council. The petitioners acted as nominated members in the said Executive Council. While the petitioners were functioning as Executive members of the said Council, by another notification, dated 30.11.2004 (Annexure B to the writ petition), issued in exercise of powers under Section 80 of the Mising Autonomous Council Act, 1995, and Mising Autonomous Council (Amendment) Act, 1997, the petitioners and some others were removed and replaced by, amongst others, the respondent Nos. 8 to 13 herein.

(2.) With the help of the present writ application, the writ petitioners have challenged their removal by impugned notification, dated 30.11.2004, on the ground, inter alia, that before their removal, no opportunity of showing cause or hearing was accorded to the petitioners and, thus, the principles of natural justice having been denied, the impugned notification is not sustainable in law.

(3.) In these premises, the petitioners have, inter alia, sought for issuance of writ (s) setting aside and quashing the impugned notification, dated 30.11.2004, aforementioned.