(1.) The two petitioners are the elected Councillors of the Gauhati Municipal Corporation. They have filed the instant writ petition praying for setting aside and quashing the decision of the Presiding Officer of the meeting pertaining to election of Mayor of the Corporation by which it has been held that the Respondent No. 3, elected as the Mayor was not disqualified under the relevant provision of the Gauhati Municipal Corporation Act, 1971.
(2.) The fact involved is in a very narrow campus. According to the petitioner, the Respondent No. 3 before her election as Mayor remained absent in 3 successive meetings of the Corporation held on 29.12.2006, 6.3.2007 and 18.5.2007 and thereby, she attracted disqualification to remain as a Councillor as per the provisions of Section 48(1)(b) of the aforesaid Act.
(3.) After the aforesaid 3 dates, the election for the post of Mayor was held on 23.5.2007, in which the Respondents No. 3 was elected. The objection raised by the petitioners regarding disqualification of the Respondent No. 3 to remain as a Councillor so as to contest the election was rejected by the Presiding Officer of the meeting held on 23.5.2007. Being aggrieved, the petitioners have filed the instant writ petition against the order of the Presiding Officer passed on 23.5.2007 with further prayer to hold the election afresh.