K.LAHIRI, K.N.SAIKIA
Bapjan Ali – Appellant
Versus
State of Assam and others – Respondent
This is an application under Article 226 of the Constitution of India.
2. In exercise of the power conferred by Section 22(1) of the Assam Panchayati Raj Act as amended by the Assam Panchayati Raj (Seventh Amendment) Ordinance, 1983, the Governor of Assam, on the expiry of the term of the Mahkuma Parishad, constituted an Ad hoc Committee in each Mahkuma Parishad as per list enclosed in the Notification dated April 19, 1983. The petitioner was appointed a Member of the Ad hoc Committee, Marigaon Mahkuma Parishad. Although it was an Ad hoc appointment, the petitioner remained as a member of the Mahkuma Parishad for over one year. In the said capacity, the petitioner performed various functions in the Mahkuma Parishad. However, the offices which the petitioner held was on the basis of his Membership of the Ad hoc Committee of the Marigaon Mahkuma Parishad. Mr. S. Ali, learned Counsel for the petitioner has not contended that the Governor had no such power of appointment. Learned counsel does not dispute that when the power of appointment was there, the Governor has had the power of dismissal as well. As such, the impugned order is within the competence of the Governor. These
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