SURJIT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner who was nominated as the Chairman of Bongaigaon Municipal Board has assailed the action of the respondents towards his removal as the Chairman. The facts, which have emerged on a total reading of the writ petition and number of affidavits filed by the parties are as follows:

(2.) The Government of Assam in the Urbam Development Department constituted the Bongaigaon Development Authority (BDA) vide Annexure-A notification dated 21.1.2004. and the petitioner became the chairman and he assumed charge on 22.12.2004. According to the petitioner, the respondent No. 5 an elected member of the Legislative Assembly from Abhayapuri stituency was opposed to the nomination of the petitioner as the Chairman of the BDA, since he was interested in his brother-in-law (respondent No. 6) to occupy the position. With that mindset, the respondent No. 5 became active by using his political power to remove the petitioner as Chairman of BDA paving the way for his brother-in-law to occupy the position.

(3.) Referring to the various provisions of the Assam Town and Country Planning Act, 1959 and Assam Town and Country Planning (Constitution of Authority) Rule 1961, it is the case of the petitioner that his purported removal as Chairman of BDA is illegal inasmuch as before such an action, no notice was issued to him and he was not given any opportunity of being heard. Be it stated here that the term of office of the Chairman in the normal circumstances is three years. It will be apposite to refer to the relevant provisions relating to removal of the members of the Municipal Board. Assam Town and Country Planing Act., 1959