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1972 Supreme(Gau) 21

P.K.GOSWAMI, R.S.BINDRA
Bhuban Chandra Pradhani – Appellant
Versus
State of Assam and others – Respondent


Advocates Appeared:
B.K. Das and S.C. Das, Dr. J.C. Medhi, Advocate-General, Assam and Dr. D. Pathak

Judgement

GOSWAMI, C. J.:- This application under Art.226 of the Constitution is by the petitioner, who is an ex-President of the Golokganj Anchalik Panchavat, since dissolved. A Rule was obtained by him against an order of the Governor of 31st August, 1971 passed under Section 140-B of the Assam Panchavat Act, 1959, as amended, (Assam Act XXIV of 1959), hereinafter called the Act, dissolving the Golokgani Anchalik Panchayat in the district of Goalpara with immediate effect "as Government is satisfied that there is a deadlock in the functioning of the said Anchalik Panchayat".

2. The first meeting of the Anchalik Panchayat, after election, was held on 3rd January, 1969, and ordinarily under Section 19 of the Act it continues to function for a period of four years till a new body is constituted. There is a provision for extension of the life of the Panchayat under that section. It appears the Panchayat had to be superseded once by the Governor for a period of three months on 8th January 1971 under Section 140(1) of the Act, after asking the Panchayat to show cause against supersession. The Deputy Commissioner reported about the serious situation in the Anchalik Panchayat resulting in

















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