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2024 Supreme(Gau) 893

DEVASHIS BARUAH
Labanya Pait Doley, W/o. Sri Puspa Doley – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary, Govt. of Assam, Department of Housing and Urban Affairs, Guwahati – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Biswas.
For the Respondents:Mr. N. Goswami, Govt. Advocate, Mr. R.P. Sharma, Sr. Adv., Mr. D. Doley, Mr. A. Deka.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. M. Biswas, the learned counsel appearing on behalf of the petitioner. Also heard Mr. N. Goswami, the learned Government Advocate appearing on behalf of the respondent Nos.1 to 4 as well as Mr. R. P. Sharma, the learned senior counsel assisted by Mr. D. Doley, the learned counsel appearing on behalf of the private respondents.

2. The instant writ petition has been filed challenging the minutes of the special meeting held on 29.05.2024 at 10:30 AM whereby the petitioner who was the Chairperson of the Silapathar Municipal Board was removed.

3. The facts leading to the filing of the instant writ petition is that the petitioner herein was elected as the Chairperson of the Silapathar Municipal Board on 12.04.2022. It is relevant to take note of that the Silapathar Municipal Board constituted of 12 elected Ward Commissioners, 2 Ex-Officio members who are the concerned MLA and the MP. It is an admitted fact that out of the 12 elected Ward Commissioners, one elected Ward Commissioner had resigned.

4. A letter was issued on 01.12.2023 by 7 Ward Commissioners requesting the District Commissioner, Dhemaji Town to terminate the petitioner from the post of the

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