GOPAL CHANDRA PATOWARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioners, the erstwhile Councillors of the Gauhati Municipal Corporation (GMC), who otherwise would have continued as Councillors upto January, 2009, but for the dissolution of the elected body by the impugned order, have invoked the writ jurisdiction of this Court assailing the legality and validity of the action on the part of the State respondents towards dissolving the elected body.

(2.) As stated above, the petitioners are the elected Councillors of the GMC representing different Wards. Be it stated here that the last general election of the GMC was held for 57 Wards and 57 Councillors got elected, out of which one died. Be it also stated here that the general strength of the body is maximum 60. Records have revealed that in addition to the elected members, there are 8 ex-officio members with voting rights.

(3.) A general meeting of the elected body of the Corporation was held on 7.5.2008 and amongst others, the resolution for election of Mayor and Deputy Mayor was also adopted. As per the resolution, the election was to be held on 22.5.2008. Such resolution had to be adopted as the term of office of both the Mayor and the Deputy Mayor was to expire on 22.5.2008. The proceedings of the general meeting held on 7.5.2008 and the resolutions adopted therein were communicated to all concerned including the State Government.