Gauhati High Court
Ram Krishna Sinha vs The State Of Assam And 25 Ors on 8 January, 2021
Page No.# 1/6
GAHC010003312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/117/2021
RAM KRISHNA SINHA
S/O LATE RAM MOHAN SINHA
R/O VILLAGE SINGHARI
P.O. SINGHARI, P.S. SILCHAR (SADAR)
DISTRICT- CACHAR (ASSAM), PIN- 788 007.
VERSUS
THE STATE OF ASSAM AND 25 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, WPT AND BC DEPARTMENT, DISPUR, GUWAHATI 781 006
2:THE JOINT SECRETARY
GOVERNMENT OF ASSAM
WPT AND BC DEPT. DISPUR
GUWAHATI 781 006.
3:THE DIRECTOR
WPT AND BC DEPT. ASSAM. RUKMINIGAON
DISPUR
GUWAHATI 781006
4:SMTI RITA SINHA
D/O RAJKUMAR SINHA
R/O PATHARKANDI
MUNDUMALA ROAD
DIST KARIMGANJ
ASSAM 788724
5:SHRI SAMARJEET SINHA
R/O CHOUDHURY KUNA
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NETAJI NAGAR
DISTRICT KARIMGANJ
ASSAM
PIN 788 724.
6:SHRI BIJOY SINHA
R/O BORBAR
GUWAHATI
DIST KAMRUP
ASSAM.
7:MRS. RITA SINHA
R/O BORBAR
GUWAHATI.
DIST KAMRUP
ASSAM
8:AD. BHIMSEN SINHA
R/O RESERVE BANK COLONY
ZOO ROAD GUWAHATI
DIST KAMRUP
ASSAM
PIN 781 024.
9:SHRI PARAG JYOTI SINHA
R/O KAKOTIGAON
P.O. TARAJAN
DIST JORHAT.
ASSAM
PIN 785 001
10:SHRI MANGALEMBA SINHA
R/O KST ROAD
DIPHU
ASSAM
PIN 782 462.
11:MRS. SARLA SARMA
R/O VILLAGE TINOKHAL
P.O. PATHARKANDI
DIST KARIMGANJ
ASSAM PIN 788 724
12:MRS. RITA SINHA
RESIDENT OF RAJAGAON
PATHARKANDI
DISTRICT KARIMGANJ
ASSAM
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PIN 788 724
13:SMT. BARNALI SINHA
R/O SIBERGOAL
BAZARICHERRA
DIST KARIMGANJ
ASSAM
PIN 788 727
14:SHRI PRADIP SINHA
R/O PIPLA CHHAERA
BALIPIPLA
DISTRICT KARIMGANJ
ASSAM
PIN 788 728.
15:SHRI SUROJIT SINHA
R/O PATIALA PECHALA
DIST KARIMGANJ
ASSAM
PIN 788 734.
16:SHRI DHAN BABU SINHA
R/O MADHUPUR
ANIPUR
DIST KARIMGANJ
ASSAM
PIN 788 734
17:SHRI JISHNU SINHA
R/O VIVEKANANDA ROAD
DIST CACHAR
ASSAM
PIN 788 007
18:SHRI BRINDABAN SINHA
R/O VILLAGE SINGHARI
SILCHAR TOWN
DIST CACHAR
ASSAM
PIN 788 007
19:SHRI KRISHNA DAS SINHA
R/O TIKAR BURUNGA
DIST CACHAR
ASSAM
PIN 788 817
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20:SHRI PRADIP SINHA
R/O MASUGHAT
SILCHAR
DIST CACHAR
ASSAM
PIN 788 003.
21:SHRI PRANAB MUKHERJEE
R/O PANNCHADUTT
ANIPUR
DISTRICT KARIMGANJ
ASSAM
PIN 788 734
22:SHRI DILIP KUMAR SINHA
R/O LAKHIPUR
KALAIN
DIST CACHAR
ASSAM
PIN 788 815
23:SMT. RUKMANI SINHA
R/O PURABIHAL
BIKRAMPUR
DIST CACHAR
ASSAM
PIN 788 815
24:SHRI NILAMANI SINHA
R/O SHIVASAL
BANGAGHAT
DIST CACHAR
ASSAM
PIN 788 030
25:SHRI SHIBU SARMA
R/O KATACHAL
SINBANUR
P.O. KALINAGAR
DIST HAILAKANDI
ASSAM. PIN 788 801
26:SHRI PARITOSH SINHA
R/O SONAPUR
SUDARSHANPUR
DIST HAILAKANDI
ASSAM
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PIN 788 16
Advocate for the Petitioner : MR. N C DAS
Advocate for the Respondent : SC, WPT AND BC
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
08.01.2021
Heard Mr. NC Das, learned senior counsel for the petitioner. Also heard Mr. KN Choudhury,
learned senior counsel for respondent No.4 and Mr. R Dhar, learned counsel for the WPT & BC
Department.
Issue notice, returnable by 2(two) weeks.
Extra copies of the writ petition be served on the learned counsel for the respondents within
3(three) days.
By the Notification dated 03.12.2020 of the WPT & BC Department of the Government of Assam,
the Bishnupriya Manipuri Development Council was constituted with the petitioner Sri Ram Krishna
Sinha as the Chairman. By another Notification dated 21.12.2020, the earlier Notification stood
modified and the Bishnupriya Manipuri Development Council is now constituted with Smti Rita Sinha
as the Chairman.
Admittedly, the Development Councils are governed by the principle of doctrine of pleasure as
has been held in the Judgment dated 24.06.2020 in WP(C)No.647/2020.
In the said judgment, it was provided that the doctrine of pleasure may be exercised by the State
Government in respect of the Development Councils but subject to the restrictions provided in
paragraphs 22, 33 and 34 of the judgment of the Supreme Court in B.P. Singhal Vs. Union of India &
Another reported in (2010) 6 SCC 331. Paragraph 34 of the Judgment of the Supreme Court in BP
Singhal (supra) provides that the withdrawal of pleasure cannot be at the sweet will, whim and fancy
of the authority, but can only be for valid reasons.
The respondents on the next date fixed shall inform the Court as to whether the WPT & BC
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Department while exercising of the power of doctrine of pleasure had a valid reason or not.
For the purpose, the Department shall produce the records on the next date fixed to examine as
to whether there were any valid reasons for the purpose.
Mr. R Dhar, learned counsel has produced a document which shows that some of the members of
the new committee had already taken their oath.
List after 2(two) weeks.
Depending on the records to be produced, further order shall be considered.
JUDGE
Comparing Assistant
