GAHC010259432024

2025:GAU-AS:1357 THE GAUHATI HIGH COURT [THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH]

WRIT PETITION [C] NO. 6567/2024 Rupa Dutta Saikia, Wife of Kushewar Saikia, Resident of Village - Tanti Gaon, P.O. Titabor, Ward No. 1 [Purana Titabor], District -

Jorhat, Pin- 785630.

……………… Petitioner -VERSUS

1. The State of Assam rep. by the Secretary to the Government of Assam, Urban Development Department, Dispur, Guwahati - 781006.

2. The Principal Secretary to the Government of Assam Urban Development Department, Dispur, Guwahati - 781006.

3. The Director, Municipal Administration, Assam, Dispur, Guwahati -

06.

4. The District Commissioner, District- Jorhat Assam.

5. The Sub-Divisional Officer [C], Titabor, District- Jorhat, Assam.

6. The Titabor Municipal Board, District- Jorhat, Assam.

7. The Executive Officer, the Titabor Municipal Board, Jorhat, Assam. 8. Rashmi Bhattacharya Kakoti, Wife of Bichitra Pran Kakoti, R/o- Ward No-4, Titabor Town, P.O AND P.S- Titabor, Jorhat, Assam, Pin-

785630.

……………… .Respondents Advocates :

Petitioner : Mr. P.K. Gogoi, Advocate Respondent nos. 1 – 5 : Ms. S. Konwar, Junior Government Advocate, Assam.

Respondent nos. 6 – 8 : Mr. J.K. Goswami, Advocate Date of Hearing : 23.01.2025 Date of Judgment & Order : 23.01.2025 BEFORE HON’BLE MR. JUSTICE MANISH CHOUDHURY JUDGMENT & ORDER [ORAL]

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 for five years from the date of first meeting of newly constituted Board after a General Election at which quorum is present. As per sub-section [2] of Section 33 of the Act, 1956, at the first meeting of a Municipal Board after a General Election called at the instance of the Deputy Commissioner or the Sub-

Divisional Officer, as the case may be, the Commissioners are to elect one from amongst the elected Commissioners to be the Chairman. The election is subject to the approval of the State Government but pending such approval, the person elected shall be competent to discharge the duties of the Chairperson. As per sub-section [3] of Section 33, the Commissioners at the said first meeting or at a subsequent meeting, are to elect one of their elected Commissioners to be the Vice-Chairperson.

4. In the last General Election held for Ward Commissioners of Titabor Municipal Board, the petitioner stood elected as a Ward Commissioner from Ward no. 1. After the General Election, the petitioner was elected as the Chairperson of Titabor Municipal Board as per the provisions of sub-section [2] of Section 33 of the Act, 1956. After being elected as the Chairperson, the petitioner was discharging her duties or as the Chairperson of Titabor Municipal Board.

5. When the petitioner was discharging the duties as the Chairperson of Titabor Municipal Board, two requisitions came to be submitted on 28.06.2024 and 29.06.2024 by four Ward Commissioners each expressing want of confidence in the petitioner to continue as the Chai