The State Of Assam And Anr vs Smti. Soma Chakraborty And 3 Ors
2021 Latest Caselaw 428 Gua

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GAHC010076412020




                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : WA/52/2020


         1. THE STATE OF ASSAM AND ANR
         REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
         URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6 ASSAM.

         2: THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
         URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6 ASSAM.


                     VERSUS


         1. SMTI. SOMA CHAKRABORTY AND 3 ORS
         W/O- SRI MRITYUNJOY GHOSH
         R/O- WEST BANSHABARI P.O. P.S. AND DIST.- DIBRUGARH
         ASSAM PIN- 786001.

         2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION
         ASSAMDISPUR GUWAHATI-6 ASSAM.

         3:THE DEPUTY COMMISSIONER
         DIBRUGARHASSAM PIN- 786001

         4:THE EXECUTIVE OFFICER
         DIBRUGARH MUNICIPAL BOARD
         DIST.- DIBRUGARH ASSAM PIN- 786001.


         Advocate for : MR. D SAIKIA
         Advocate for : MR. P J SAIKIA
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                          -BEFORE-
        HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
        HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                                              ORDER

Date : 08-02-2021 (Sudhanshu Dhulia, CJ)

Heard Mr. D. Saikia, learned senior counsel for the writ appellants. Also heard Mr. P.J. Saikia, learned counsel for the writ petitioner/respondent No.1 and Mr. H.K. Hazarika, learned junior Government Advocate, Assam, appearing for the respondent Nos.2 & 3.

This writ appeal has been filed against the judgment & order dated 06.03.2020 passed by the learned Single Judge in WP(C) No.8955/2019 by which the writ petition was allowed and the petitioner was directed to be reinstated as the Chairman of Dibrugarh Municipal Board. The order dissolving the Board was quashed and the net result was that the Board had come into existence and had taken over charge.

Aggrieved by the said order, the Urban Development Department, Government of Assam has filed the writ appeal.

Today, Mr. D. Saikia, learned senior counsel has given a statement before this Court that during the pendency of the present writ appeal before this Court, the term of the Municipal Board has already come to an end and now, as per law, new election process would be initiated.

This factual position is admitted by Mr. P.J. Saikia, learned counsel appearing for the writ petitioner/respondent No.1.

In view of the above, the writ appeal is dismissed as infructuous. Interim order, if any, passed earlier stands vacated.

                             JUDGE                                     CHIEF JUSTICE




Comparing Assistant