BALINDRA DEORI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R.K. Bora, learned counsel appearing for the writ petitioners in WP(C) 1325/2017 and Mr. S.N. Sarma, learned senior counsel assisted by Mr. B.D. Goswami, learned counsel representing the writ petitioners in WP(C) 1371/2017. Also heard Mr. D. Saikia, learned Senior Additional Advocate General, Assam, representing the State respondents as well as Mr. J.C. Gogoi, learned Standing Counsel, Deori Autonomous Council. Mr. D.J. Kapil, learned counsel appears for the writ petitioner nos. 7, 8 and 9, who had subsequently filed an application seeking leave of this Court to withdraw from WP (C) 1325/2017.

(2.) The facts, giving rise to the filing of these writ petitions, as apparent from the record, lie in a short campus and are briefly narrated herein-below :-

(3.) The respondent no. 2 i.e. the Commissioner and Secretary, Government of Assam, WPT and BC Department, has filed counter affidavit in WP(C) 1325/2017 contesting the claim of the petitioners therein, inter-alia contending that the meeting held on 23.02.2017 was in clear violation of the statutory provisions contained in Section 13(1) and 17(3) of the Act of 2005 and, therefore, the resolution adopted there-in was illegal and in-operable in the eye of law. In the said affidavit, it has further been stated that the writ petitioners have approached this Court by making contradictory prayers, inasmuch as, they could not have prayed for a mandamus seeking approval of the resolution dated 23.2.17 and at the same time ask for a floor test.