GIRISH CHANDRA BARKOTOKY Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the Petitioner has prayed for quashing the notification dated 15.7.97 issued by the Secretary to the Government of Assam, Municipal Administration Department, in so far as it orders that Sri Keshab Chandra Mahanta, M,P and Smti. Sushila Hazarika, M.L.A, shall be ex-officio members of the Jorhat Municipal Board.

(2.) The facts briefly are that the petitioner is a permanent resident of Jorhat town and is a voter of Ward No. 12 of Jorhat Municipality. By the Constitution (Seventy fourth Amendment) Act, 1992, Part-IX-A was introduced in the Constitution of India and clause (2) of Article 243R of the Constitution empowered the Legislature of a State to provide by law for the representation in a Municipality, inter alia, of the Members of the House of the People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal Area. Pursuant to the said provision in clause (2) of Article 243R of the Constitution, the State Legislature of Assam amended the Assam Municipal Act. 1956 by the Assam Municipal (Amendment) Act, 1994 and provided in sub-section (3) of Section 11 thereof that the Member of the House of the people and the Legislative Assembly of the State of Assam representing the Constituencies which comprise fully or partly the Municipal Area, shall be the Ex-Officio Members of the Municipal Board. Thereafter, the impugned notification dated 15.7.97 was issued by the Secretary to the Government of Assam, Municipal Administration Department ordering that Sri Bijoy Krishna Handique, M.P.Sri Keshab Chandra Mahanta, M.P.,Sri Hitendra Nath Goswami,M.L.A and Smti..Sushila Hazarika, M.L.A shall be ex-Officio members of the Jorhat Municipal Board. Sri Bijoy Krishna Handique is a Member of Parliament of Jorhat Parliamentary Constituency and Sri Hitendra Nath Goswami is the Member of Legislative Assembly of Jorhat Legislative Assembly Constituency and the petitioner has no grievance whatsoever for their inclusion in the Jorhat Municipal Board. But the petitioner's grievance is against the inclusion of Sri Keshab Chandra Mahanta, Member of Parliament of Kaliabor Parliamentary Constituency and Smti. Sushila Hazarika, Member of Legislative Assembly of Dergaon Legislaltive Assembly Constituency in the Jorhat Municipal Board by the impugned notification dated 15.7.97.

(3.) The only ground taken in the writ petition against such inclusion of Sri Keshab Chandra Mahanta, M.P., Kaliabor Parliamentary Constituency and Smti. Sushila Hazarika, M.L.A, Dergaon Legislative Assembly Constituency in the Jorhat Municipal Board is that their inclusion is contrary to Section 11(3) of the Assam Municipal Act, 1956 as amended and substituted by the Assam Municipal (Amendment) , Act,1994. Section ll(3)(a) of the Assam Municipal Act, 1956,as amended by the Assam Municipal (Amendment) Act, 1994, is quoted herein below : "......11(3) (a) The Member of the House of the People and the Legislative Assembly of the State of Assam representing the Constituencies which comprise fully or partly the Municipal Area, shall be the Ex-Officio Members of the Board."