DILIP SINGH Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) A notice of no confidence motion against the petitioner, who was elected as the chairman of the Lanka Municipal Board, was submitted by 6(six) members of the Board on 29.8.2005. On receipt of the said requisition/notice, a meeting of the Board was convened on 19.9.2005 to discuss the no confidence motion. In the said meeting 6(six) members subscribed to the vote of no confidence. Thereafter, on 1.10.2005, the respondent No. 6 was elected as the new chairman of the Board. The said election was approved by the authority in the Municipal Administration Department on 8.11.2005. All the aforesaid actions and orders have been put to challenge in the present writ petitions

(2.) The brief facts, which will be necessary; to be noticed for an effective adjudication of the questions arising in the present writ petition, may be stated as hereunder:

(3.) In the aforesaid circumstances the petitioner had instituted a writ proceeding before this court which was registered and numbered as WP(C) No. 7207 of 2005. In the said writ petition the petitioner has challenged the Notice dated 29.8.2005 and the proceedings of the meeting held on 1.10.2005 in which the respondent No. 6 was elected as the chairman. The meeting dated 19.9.2005 has, however, not been challenged in the said writ petition filed. By an interim order of the court dated 5.10.2005, the resolution dated 1.10.2005 electing the respondent No. 6 as the chairman was stayed by the court. However, subsequently, on 8.11.2005, the aforesaid interim order of the court was vacated on the ground that in the writ petition filed, i.e., WP(C) No. 7207/2005, the petitioner had not specifically challenged the resolution of the Board dated 19.9.2005 by which he had been removed from the Office of the chairman. The petitioner, thereafter, claims to have filed a comprehensive amended writ petition incorporating the aforesaid challenge. However, in the meantime, as by an order dated 18.11.2005 the Municipal Administration Department had approved the election of the respondent No. 6 to the post of Chairman, the petitioner has instituted the writ petition, i.e., W.P(C) No. 787 of 2006.