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MANISH CHOUDHURY
Rupa Dutta Saikia, Wife of Kushewar Saikia – Appellant
Versus
State of Assam Rep. By The Secretary To The Government of Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
By this writ petition preferred under Article 226 of the Constitution of India the petitioner has laid a challenge to a Resolution adopted on 25.07.2024 in a meeting of the Titabor Municipal Board, whereby, the petitioner was removed from the post of Chairperson of Titabor Municipal Board. The petitioner has also challenged a Resolution adopted in a separate meeting held on 25.07.2024 by the Ward Commissioners of Titabor Municipal Board, whereby, the respondent no. 8 was elected as the new Chairperson of Titabor Municipal Board for the unexpired term. The petitioner has also simultaneously challenged a Resolution adopted on 25.10.2024 by the Ward Commissioners of Titabor Municipal Board, whereby, the respondent no. 8 has once again been elected as the Chairperson of Titabor Municipal Board.
2. The Titabor Municipal Board is a Municipal Board constituted under Section 10 of the Assam Municipal Act, 1956 , as amended [‘the Act, 1956’ or ‘the 1956 Act’, for short].
3. As per provisions contained in Section 26 [1] of the Act, 1956, every Municipality unless sooner dissolved under Section 298, shall continue f
The removal of a Chairperson by a motion of no confidence supported by a majority of Ward Commissioners is valid under the Assam Municipal Act, 1956, and does not require government approval.
The court established that the Executive Officer cannot interfere with the statutory process of removing a Chairperson under the Assam Municipal Act, and that the Model Code of Conduct does not preve....
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
The election of the Chairman of the Board of Councillors must comply strictly with statutory provisions; failure to adhere to procedures invalidates the election results.
A no-confidence motion against a municipal Vice-Chairperson is valid without the necessity of specific reasons in the resolution, and adherence to statutory notice requirements fulfills procedural ju....
Mere negligence does not constitute willful misconduct under Section 53 of the Odisha Municipal Act for removal as Chairperson. Compliance with natural justice, including providing copies of enquiry ....
Removal of an elected Councillor requires specific allegations and adherence to natural justice principles, as a failure to provide a proper notice vitiates the removal order.
The court upheld the validity of Section 19-B of the Chhattisgarh Municipal Corporation Act, determining it complies with constitutional requirements and does not confer arbitrary power on the state.
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