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2003 Supreme(Gau) 453
IN THE HIGH COURT OF GAUHATI
D. BISWAS, J.
All Tiwa Students Union and Anr. – Appellant
Vs.
State of Assam and Ors. – Respondent
W.P.(C) Nos. 7667, 8204 and 8205 of 2001
Decided On: 29.09.2003
Advocate Appeared
For Appellant/Petitioner/Plaintiff: D.K. Mishra, M. Sarania, K.C. Boro, R.P. Sarmah, B. Chakraborty andU. Das, Advs.
For Respondents/Defendant: A.K. Phukan, A.G.
The main legal point established in the judgment is the significance of legislative sanction and the need for legislative amendments to exclude certain areas from the operation of the Assam Panchayat Act, 1994, as well as the importance of implementing the respective Memoranda of Settlement reached with the concerned organizations.
Headnote:
PANCHAYAT ACT - AUTONOMOUS COUNCIL - Assam Panchayat Act, 1994, Lalung (Tiwa) Autonomous Council Act, 1995, Bodoland Autonomous Council Act, 1993, Rabha Hasong Autonomous Council Act, 1995 - The court discussed the applicability of the Assam Panchayat Act, 1994 in the areas covered by the Lalung (Tiwa) Autonomous Council Act, 1995, Bodoland Autonomous Council Act, 1993, and Rabha Hasong Autonomous Council Act, 1995. The court analyzed the conflicting provisions and the legislative intent behind the Acts, emphasizing the constitutional provisions and the need for legislative amendments to exclude certain areas from the operation of the Assam Panchayat Act, 1994. The court also highlighted the significance of legislative sanction and the implications of implied repeal, ultimately directing the State Government to implement the respective Memoranda of Settlement reached with the concerned organizations.
Fact of the Case:
The writ petitions challenged the legality and validity of the Panchayat elections in the Lalung (Tiwa) Autonomous Council, Bodoland Autonomous Council, and Rabha Hasong Autonomous Council areas, citing agreements and Acts providing for exclusion of the Assam Panchayat Act, 1994 from these areas. The State Government's decision to hold the elections was contested, and the petitioners sought directions for implementation of the respective Memoranda of Settlement.
Finding of the Court:
The court found that the Assam Panchayat Act, 1994 was applicable in the areas covered by the Autonomous Council Acts, emphasizing the constitutional provisions and the absence of legislative provisions excluding these areas from the Act's operation. The court also noted the significance of legislative sanction and the implications of implied repeal, ultimately directing the State Government to implement the respective Memoranda of Settlement reached with the concerned organizations.
Issues: The issues revolved around the applicability of the Assam Panchayat Act, 1994 in the Lalung (Tiwa) Autonomous Council, Bodoland Autonomous Council, and Rabha Hasong Autonomous Council areas, and the validity of the Panchayat elections held in these areas.
Ratio Decidendi: The court's decision was based on the interpretation of the conflicting provisions in the Acts, the legislative intent, and the significance of legislative sanction. The court emphasized the need for legislative amendments to exclude certain areas from the operation of the Assam Panchayat Act, 1994, and directed the State Government to implement the respective Memoranda of Settlement reached with the concerned organizations.
Final Decision: The writ petitions were disposed of with directions to the State Government to implement the respective Memoranda of Settlement reached with the concerned organizations, emphasizing the need for legislative amendments to address the issues arising from the conflicting provisions in the Acts.
D. Biswas, J.
1. By this judgment, writ petitions W.P.(C) No. 8204 of 2001, 8205 of 2001 and 7667 of 2001 are being disposed of as they raise identical questions of law.
2. At the very outset, it would be apposite to have a look at the prayers made by the writ Petitioners. In writ Petition (C) No. 8204 of 2001, the Petitioners All Tiwa Students Union represented by its President have prayed for a Writ of Mandamus declaring that the Assam Panchayat Act, 1994 is not applicable in the Lalung (Tiwa) Autonomous Council areas and for further declaration that constitution of Gaon Panchayat, Anchalik Panchayat and Zila Parishad in the Lalung (Tiwa) Autonomous Council areas is illegal and also for quashing the impugned notification dated 19.11.2001 in so far it relates to the holding of Panchayat Election in the Lalung (Tiwa) Autonomous Council area. In Writ Petition (C) No. 8205 of 2001 similar directions have been sought including a direction for holding the Bodoland Autonomous Council election. In Writ Petition (C) No. 7667 of 2001, the Rabha Hasong Suraksha Parishad and others have sought for declaration that the election progress to the Panchayat in areas within the Rabha Hasong Autonomous Council is illegal and, consequent thereupon, for quashing the impugned order dated 4.9.2001.
3. It may be mentioned here that the Court while issuing Rule in W.P.(C) No. 8204 of 2001 declined to interfere with the poll progress initiated in the Lalung (Tiwa) Autonomous Council Area. Similarly in W.P.(C) No. 8205 of 2001, Rule was issued on 10.12.2001. No. order was been passed on interim prayer. In W.P.(C) No. 7667 of 2001, only notice of motion was issued on 28.11.2001.
4. I have heard Mr. D.K. Mishra, learned senior Counsel assisted by Mr. M. Sarania and Mr. K.C. Boro, learned Counsel for the Petitioners and Mr. A.K. Phukan, learned Advocate General for the State of Assam assisted by Shri H. Munir, the learned State Counsel.
Brief facts in W.P.(C) No. 8204 of 2001.
5. The Petitioner No. 1. All Tiwa Students Union is an Association of students of Tiwa Tribes representing the Lalung Community. This Association launched a movement demanding Autonomous Council for the Tiwa people, Eventually, the Government of Assam decided to constitute a Lalung Autonomous Council with certain administrative powers to help develop the area inhabited by them. An accord was signed on 13.4.1995 between the Lalung District Demand Committee and the Government of Assam. Clause 5 of the Memorandum of Settlement clearly provided that the provisions of the Assam Panchayat Act, 1994 and the Assam Municipal Act, 1994 shall not apply in the areas included in the Lalung Village Council. In pursuance thereof, the Lalung Autonomous Council Act, 1995 was enacted. For political interests and other considerations, no initiative was taken by the State to hold the election of the Council despite demarcation of the council area by the notification dated 6.4.1996. On the other hand, the Government issued the impugned notification dated 19.11.2001 notifying the date of panchayat election and held the election in the Council area contrary to the agreement in Sub-clause (a) of Clause 5 of the Memorandum of Settlement. The Lalung (Tiwa) Autonomous Council Act, 1995 was enacted with the sole object of divesting powers to the people for self governance, identical with the objects of the Assam Panchayat Act, 1994. By constituting Panchayats, the State Government have brought into existence two local self authority exercising the same set of powers. Hence, the writ petition has been filed challenging the legality and validity of the Panchayat election.
Brief facts in W.P.(C) No. 8205 of 2001:
6. A memorandum of settlement dated 20.2.1993 was reached between the Bodo Students Union and Bodo People Action Committee, and the Government of Assam for setting up a district administrative authority within the State of Assam. In terms of the accord, the Bodoland Autonomous Council Act, 1993, hereina
