Rupa Dutta Saikia v. The State of Assam and 6 Ors

ORDER

02.09.2024 (Vijay

Bishnoi, CJ) This Writ Appeal is fled by the appellant being aggrieved with the order dated

05.08.2024 passed by the learned Single Judge in WP(C) No.3891/2024.

¶2The appellant had approached the learned Single Judge being aggrieved with the no confidence motion passed against her on 25.07.2024 which resulted into removal of the appellant from the post of Chairperson of Titabor Municipal Board.

¶3The appellant had raised a grievance before the learned Single Judge that as required under Section 46(4) of the Assam Municipal Act, 1956, three days prior notice has not been served upon her. The learned Single Judge has concluded that Section 46(4) of the Act of 1956 is not applicable in the present case and the relevant provision is Section 43(3) of the Act of 1956 which stipulates that if the Chairman or the Vice-Chairman fails to call a Special Meeting to meet within 20 days after such a requisition has been made, the Page No.# 3/3 meeting may be called by the persons who signed the requisition.

¶4Having heard the learned counsel for the appellant and after going through the materials available on record, we do not find any case for interference. Hence, this Writ Appeal is dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010164502024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/295/2024o RUPAoDUTTAoSAIKIAo W/O-oSRIoKUSHEWARoSAIKIA,oRESIDENToOFoVILLAGE-oTANTIoGAON,oP.O.-o TITABOR,oWARDoNO.1o(PURANAoTITABOR),oDISTRICT-oJORHAT,oASSAM,o PIN-o785630. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o URBANoDEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI-6,oDISTRICT-o KAMRUP(M),oASSAM. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oURBANoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoDIRECTORoOFoMUNICIPALoADMINISTRATION oASSAM oDISPUR oGUWAHATI-6. 4:THEoDISTRICToCOMMISSIONER oJORHAT oASSAM. 5:THEoSUBoDIVISIONALoOFFICERo(CIVIL) oTITABOR oJORHAT oASSAM. 6:THEoTITABORoMUNICIPALoBOARD Page No.# 2/3 JORHAT. 7:THE EXECUTIVE OFFICER TITABOR MUNICIPAL BOARD TITABOR JORHAT ASSAM Advocate for the Petitioner : MR B BURAGOHAIN, MR. P K GOGOI Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM