RUPJYOTI PATANGIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners who are the Ward Commissioners of the Municipal Board in question are aggrieved by the decision conveyed by the Government of Assam in the Urban Development Department to the effect that the Chairman and Vice-Chairman of the Municipal Board have been voted out by a majority of the Ward Commissioners in the no-confidence motion initiated against them and as to the appointment of the particular Ward Commissioner as the Chairman of the Board till election of a new Chairman.

(2.) THE election of the Municipal Board, namely Dhekiajuli Municipal Board was held in the month of December, 2003 for election of Ward Commissioners and Ward Councilors results of which were declared in the last week of December, 2003. In the election, the petitioners were elected as Ward Commissioners. The first meeting of the Municipal Board was convened by the Deputy Commissioner of the District on 27. 11. 2004 for taking oath of allegiance and for election of the Chairman and Vice-Chairman. The meeting was so convened under Rule 1 of the Second Schedule of the Assam Municipal Act, 1956.

(3.) IN the meeting the petitioner Nos. 1 and 2 were elected uncontested as Chairman and Vice-Chairman of the Board. It will be pertinent to mention here that there are 10 elected Ward Commissioners and the MP and MLA of the area are the Ex-Officio members of the Board, totaling the number of Ward Commissioners to 12. According to the petitioners in the house of 10 elected Ward Commissioners, their strength is 7.