IKHTIAR UDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.D. Choudhury, learned counsel for the petitioner and Ms. M. Bhattacharjee, learned Government Advocate, Assam. Also heard Mr. P.K. Tiwari, learned Senior counsel assisted by Mr. A. Lal, learned counsel for the respondents.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of notification dated 16.02.2015 issued by the Secretary to the Govt. of Assam, Urban Development Department reserving the post of Chairman, Goalpara Municipal Board (Board) for Scheduled Tribe (ST) candidate and further seeks a direction to the respondents to hold election to the post of Chairman of the Board by treating it to be unreserved.

(3.) Case of the petitioner is that Government of Assam in the Urban Development Department had issued notification dated 06.09.2014 reserving the post of Chairperson of Municipal Boards/Town Committees in the State of Assam in favour of elected Commissioners belonging to Scheduled Caste (SC), ST and elected Women Commissioners. In respect of Chapakhowa Town Committee, the post of Chairman was reserved in favour of ST.