TALEB ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE petitioners, 6 (six) in numbers, out of whom five of them, i.e. petitioners -1 to 5, are elected members of Erani Gram Panchayat under Gouranagar Rural Development Block, District North Tripura, Kailashahar and petitioner No. 6 was the General Secretary of Tripura Pradesh Congress Committee, who is also an elected member of the North Tripura Zilla Parishad under the Tripura Panchayat Act, 1993 (for short 'the Act') in the year 2004. The respondent No. 6 is the authorised person to issue direction (whip) under of the aforesaid Act on behalf of the Indian National Congress (for short 'INC') on the elected members of Erani Gram Panchayat under the jurisdiction of the Gouranagar Rural Development Block, as the President of the Tripura Pradesh Congress Committee authorized him.

(2.) THE present petition is filed by the petitioners for quashing the decision of the Block Development Officer (BDO), Gouranagar Rural Development Block in his letter dated 05.04.2007 (Annexure -10 to the writ petition), wherein and whereunder the said BDO refused to disqualify respondent No. 5 from membership of Erani Gram Panchayat under Sub -section (1)(b) of Section 16 of the Act and also for a mandamus directing respondent No. 2 to disqualify respondent No. 5 from membership of the said Gram Panchayat.

(3.) THE facts which require consideration for deciding the instant case are as follows: