HIMANGSHU ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. S. Bora, learned counsel for the petitioner; Ms. M. Bhattacharjee, learned Govt. Advocate, Assam for respondent Nos. 1 to 5; Mr. T. J. Mahanta, learned Sr. Counsel assisted by Mr. B. Bora, learned counsel for respondent Nos. 6 to 12; and Ms. N. Upadhyay, learned counsel for Election Commission of India for respondent No. 3.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of letter dated 29.04.2019 issued by Smt. Prabha Das, Vice-Chairman, Pathsala Municipal Board to the petitioner re-fixing special meeting to discuss motion of no confidence against the petitioner as Chairman of Pathsala Municipal Board on 02.05.2019. Petitioner further seeks a declaration to declare any resolution adopted in the special meeting held on 02.05.2019 as nonest and inconsequential in law and for a direction to hold special meeting after expiry of the model code of conduct put in place by Election Commission of India in connection with recently held parliamentary elections in India.

(3.) On 1.4.2019, 7 Ward Commissioners sent a requisition expressing no confidence in the petitioner. It is stated that requisition was received by the petitioner on 03.04.2019. Petitioner could not hold special meeting within 20 days as required under the law because of coming into force of model code of conduct enforced by the Election Commission of India in view of parliamentary elections. Contention of the petitioner is that such special meeting could not be held when the model code of conduct was in force.