STATE OF ASSAM Vs. MAKHAN PEGU

JUDGEMENT

(1.) This appeal raises the following questions:

(2.) This appeal is directed against the judgment and order of the learned Single Judge which allowed the writ petition filed by the respondents herein challenging the order dated 30.11.2004 passed by the State Government removing them from the Executive Council in exercise of powers conferred under Section 80 of the aforesaid Act. Learned Judge took the view that the removal of the writ petitioners on the ground of their unsatisfactory nature of works as Executive Members of the Council is stigmatic in nature and entails civil consequences. Learned Judge, thus, concluded that such an action could not have been taken without providing any opportunity of being heard to the writ petitioners.

(3.) Learned Additional Advocate General appearing for the State, inter alia, submitted that there is no notice required to be issued for removing the members of the Interim General Council or the Executive Council as the case may be, inasmuch as, law does not provide for issuing any such notice. There is no assured term for which the members of the Executive Council have been appointed and they hold office during the pleasure of the Governor. It was submitted that the view taken by the learned Judge that opportunity was required to be provided to the writ petitioners before their removal and replacement by others, is erroneous one.