SUMITRA GHOSH Vs. SUPRAKASH SARKAR

JUDGEMENT

(1.) Expressing their loss of confidence in the appellant herein as Chairperson of Dhubri Municipal Board (in short, 'the said Board') respondent Nos. 1 to 10 herein gave, as Ward Commissioners of the said Board, a notice, in writing, to the appellant herein requesting the latter to convene a special meeting of the Board to discuss the no confidence motion.

(2.) Contending that pursuant to the notice so given, when the appellant herein had failed to convene the special meeting within the prescribed period of twenty days from the date of receipt of the notice by her as Chairperson of the said Board, a special meeting was requisitioned on 20.01.2007 and that in the meeting so requisitioned, the vote of no confidence was carried through, but no meeting of the said Board had, thereafter, been convened to fill up the office of the Chairperson, respondent Nos. 1 to 10 herein came, as writ petitioners, to this Court, with an application, made under Article 226 of the Constitution of India, seeking, inter alia, issuance of appropriate Writ(s) commanding the respondent No. 13 herein, as the Deputy Commissioner of Dhubri, (who was respondent No. 3 in the writ petition) to convene a special meeting of the said Board to fill up the vacancy in the office of the Chairperson, which, according to the writ petitioners, had been created as a result of the no confidence motion having been carried through, in the special meeting of the said Board, held by the requisitionists on 20.01.2007. This writ petition gave rise to WP(C) No. 1544/2007.

(3.) Resisting the writ petition, the appellant herein (who was respondent No. 4 in the writ petition) contended, inter alia, that on 20.01.2007, no business could be transacted, because there was pandemonium, in the meeting, caused by the Ward Commissioners of the said Board and the Executive Magistrate, who was present there on duty, had to order dispersal of the members attending the meeting.