PRABHAT KR. DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms N S Thakuria, learned counsel for the petitioners; Ms D Das Barman, learned Government Advocate, Assam, for respondent Nos. 1, 4, 5, 6 and 7; Mr R Kalita, learned counsel appearing for respondent Nos. 2 and 3; and Mr S Hussain, learned counsel appearing for respondent No. 9.

(2.) Matter relates to removal of Chairman of Guwahati Sub-Divisional Regulated Market Committee (committee). Respondent No. 9 is the Chairman. A meeting of the committee was held on 25.01.2018, wherein no confidence motion was brought against respondent No. 9. Out of the 11 members present and voting 8 of them expressed no confidence and voted to remove respondent No. 9 as Chairman of the committee.

(3.) Respondent No. 9 as the writ petitioner had earlier approached this Court seeking a direction to restrain holding of meeting to remove him, which was registered as WP(C) No. 368 of 2018. An interim order was passed on 24.01.2018, whereby a Single Bench of this Court permitted holding of the scheduled meeting on 25.01.2018, but declared that resolution adopted in such meeting should not be given effect to. The writ petition was finally disposed of on 2.2.2018, by taking a view that under Section 11 (2) of the Assam Agricultural Produce Market Act, 1972 (1972 Act), final decision has to be taken by the State Government.