JOGEN CHANDRA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus quashing the WT message dated 4.9.94 of the Govt. of Assam to the Sub-Divisional Welfare Officer, Kaliabor Sub-Division, intimating him that the notification dated 28.7.94 reconstituting the Scheduled Caste Development Board for Kaliabor Sub-Division under the Chairmanship of the petitioner is cancelled and the earlier Sub-Divisional Welfare Board for Scheduled Castes constituted by the notification dated 29.8.91 under the Chairmanship of the respondent No. 4 will remain in force.

(2.) The facts very briefly are that by a notification dated 29.8.91, the Governor of Assam was pleased to constitute different Sub-Divisional Welfare Boards for Scheduled Castes with official and non-official members including the Sub-Divisional with respondent No. 4 as its Chairman. On 22.7.94, the Minister, in-charge, WPT &BC, Government of Assam sent a note to the Commissioner and Secretary, WPT & BC, Government of Assam to re-constitute the Sub-Divisional Welfare Board for Scheduled Castes, Kaliabor Sub-Division with the petitioner as Chairman and 16 other persons named by him in the said note as members of the said Board. Pursuant to the said note sent by the Minister, in-charge, WPT &BC, Government of Assam, a notification dated 28.7.94 was issued where under the Government of Assam was pleased to re-constitute the Sub-Divisional Welfare Board for Scheduled Castes, Kaliabor Sub-Division (for short the 'Board') with the petitioner as Chairman and 16 other persons as official and non-official members of the said Board but within a few days thereafter the impugned WT message dated 4.8.94 was sent by the Government of Assam to the Sub-Divisional Welfare Officer, Kaliabor Sub-Division, cancelling the said notification dated 28.7,94. Aggrieved, by the said WT message dated 4.8.94, the petitioner has moved this Court for appropriate relief.

(3.) When the writ petition was moved on 17.8.94, this Court issued Rule and directed as an interim measure that status quo as on date shall be maintained. Thereafter, on 11.11.94, Mr. B.P. Bora, learned counsel for the petitioner, submitted before this Court that despite the said status quo order, the petitioner was not allowed to function as Chairman of the Board and the Court passed orders requesting Ms K. Yadav, GA, Assam, to obtain instruction and directing that in case any meeting of the aforesaid Board is held in the meantime the petitioner shall function as Chairman. On 16.11.94, however, Ms. K. Yadav, G.A., Assam, wanted further one week time for obtaining instruction and the Court while allowing such time directed that until further orders, the petitioner shall be allowed to act as Chairman of the Board, Thereafter, the respondent No.4 filed Misc Case No. 1487/94 on 12.12.94 praying for vacating/modification/alteration of the aforesaid interim orders dated 11.11.94 and 16.11.94. The said Misc Case as well as the Civil Rule- were heard together.