SHARAT SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) : In this application under Article 226 of the Constitution of India, the petitioners have prajyed for quashing the election of Chairperson and Vice-Chairman of Rangia Municipal Board held on 23.8.97 in the office of the Rangia Municipal Board.

(2.) Petitioners No.l to 5 are all Commissioners of the Rangia Municipal Board elected from Ward Nos. 3, 5,4,2 and 7 respectively in June, 1997. The Sub- Dnvisional Officer (Civil), Rangia sent a notice dated 2nd August, 1997 to all the Commissioners of the Rangia Municipal Board including the petitioners that the first meeting of the Rangia Municipal Board would be held on 23rd August, 1997 at 10.30 a.m. and in the said notice the Agenda for the meeting comprised of (i) oath taking; (ii) selection/election of Chairperson; and (iii) selection/election of Vice -Chairman. Along with the said notice, a copy of the Second Schedule to the Assam Municipal Act, 1956, which detailed the business and procedure at the first meeting of the Municipal Board, was sent to the Commissioners. Thereafter, by a notice dated 22.8.97, the Sub-Divisional Officer (Civil), Rangia, nominated Sri Kunjadhar Deka, petitioner No.2, to preside over the said meeting. In accordance with the said notice, the first meeting of the Rangia Municipal Board was held on 23.8.97 in the Office of the Rangia Municipal Board and the petitioner No.2 presided over the: meeting. When the Agenda for election of Chairperson and Vice-Chairman was taken up, the Sub- Divisional Officer (Civil), Rangia,, (for short "S.D.O. (C), Rangia"), informed the President of the meeting that he had received only two nomination papers from respondemts-4 and 5 for the posts of Chairperson and Vice- Chairman of the Rangia Municipal Board. The case of the petitioners in the writ [petition is that beside, the said nomination papers of respondents - 4 and 5 Mrs. Leni Deka and Md. Safiur Rahman were also proposed for Chairperson and Vice-Chairman respectively by the petitioners in the nomination papers submitted to S.D.O. (C) Rangia. The further case of the petitioners is that, the said nomination papers of Mrs.Leni Deka as Chairperson and Md. Safiur Rahman as Vice- Chairman were sought to be submitted by the petitioners before the S.D.O.(C), Rangia, at his residence on 22,8.97, i.e. on the day presiding the date of the first meeting of the Rangia Municipal Board (hereinafter referred to as 'the Board'), but since 22.8.97 was a public holiday, the S.D.O.(C), Rangia, refused to accept the said nomination papers and in the circumstances, the petitioners submitted the said nomination papers before the S.D.O.(C), Rangia on 23.8.97 in the morning hours; but the same were not considered by the S.D.O.(C), Rangia on the ground that as per rule (6) of the Second Schedule to the Assam Municipal Act, 1956, (for short 'the Act, 1956'), nomination shouldhave been filed before noon of the day preceding the date fixed for the first meeting; in other words, it should have been filed on 22.8.97. The further case of the petitioners is that at the said first meeting of the Board on 23.8.97, a dispute arose regarding the nomination papers filed by the petitioners and petitioner No.2, who was presiding over the meeting, adjourned the meeting on the demand made by other petitioners and, thereafter, all the petitioners left the place of meeting. The S.D.O.(C), Rangia, then nominated Sri Bibekananda Adhikari, respondent-6, as the President of the meeting and at the said meeting Mrs. Rekha Rani Das, respondent-4 was elected as chairperson and Sri Pankaj Lahkar, respondent-5, was elected as Vice-Chairman of the Board.

(3.) Aggrieved, the petitioners moved this Court under Art. 226 of the Constitution for appropriate final as well as interim relief. On 1.9.97, this Court while issuing notice to the respondents directed that the case would be listed on 4.9.97 for admission and till 4.9.97 the election of respondents-4 and 5 would remain suspended. The matter, however, could not be taken up on 4.9.97 and was finally heard on21.5.98.