PRABHAT KR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. NS Thakuria, learned counsel for the petitioners, Mr. B. Chakraborty, learned counsel appearing for the respondent No.9, Mr. SMT Chisti, learned counsel for the respondent No.4, Mr. RD Choudhury, learned Senior Government Advocate appearing for the respondent Nos.1 and 6 and Ms. P. Tamuli, learned counsel appearing for the respondent Nos. 2 and 3.

(2.) The respondent No.9 Md. Ataur Rahman was elected as the Chairman of the Guwahati Sub-Divisional Market Committee under the respondent Assam State Agricultural Marketing Board as per the first meeting of the committee held on 17.11.2017. The petitioners herein being dissatisfied with the functioning of the respondent No.9 Chairman had requisitioned a meeting of the committee by the letter dated 06.01.2018 calling for a discussion on a no confidence motion against the Chairman. Thereupon, a letter No.GSMC/Esstt/ 801/2016- 17/125 dated 20.01.2018 was issued by the Secretary of the Guwahati Sub-Divisional Market Committee informing the Vice-Chairman and the other members that the meeting so requisitioned was fixed on 25.01.2018.

(3.) The letter of 20.01.2018 of the Secretary was assailed by the respondent No.9 herein in a writ petition being WP(C) No.368/2018. In the WP(C) No.368/2018, an interim order dated 24.01.2018 was passed allowing the authorities to hold the meeting as fixed on 25.01.2018. Thereafter, the meeting was held on 25.01.2018 and the respondent No.9, who was the petitioner therein, was removed as the Chairman of the Sub-Divisional Market Committee. In the resultant situation, an issue had arisen as to whether the resolution for removal of the respondent No.9 as the Chairman require an approval of the Government under 11(2) of the Assam Agricultural Produce Market Act, 1972 (in short Act of 1972). To be precise, the issue that had arisen was as to whether Section 11(1) and 11(2) of the Act of 1972 are interlinked or they are independent of each other. Sections 11(1) and 11(2) are as follows:-