Hema Kanta Deka vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2782 Gua

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GAHC010078652021




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

                                  Case No. : WA/249/2021

            HEMA KANTA DEKA
            S/O LATE RATNESWAR DEKA, R/O VILL-NA-BHETI, WARD NO. 10,
            MORIGAON TOWN, P.O. AND P.S.-MORIGAON, DIST-MORIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
            ASSAM, WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES
            DEPARTMENT, DISPUR, GUWAHATI-781006

            2:THE COMMISSIONER AND SECRETARY
             GOVERNMENT OF ASSAM
            WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT
             DISPUR
             GUWAHATI-781006

            3:THE TIWA AUTONOMOUS COUNCIL
             REPRESENTED Y THE ITS CHAIRMAN
             MORIGAON
            ASSAM
             PIN-782105

            4:THE PRINCIPAL SECRETARY
            TIWA AUTONOMOUS COUNCIL
             MORIGAON
            ASSAM
             PIN-78210

Advocate for the Petitioner   : MS N DEKARAJA

Advocate for the Respondent : GA, ASSAM
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                                 BEFORE
                      HONOURABLE THE CHIEF JUSTICE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                      ORDER

Date : 10-11-2021

Heard Mr. YS Mannan, learned counsel for the appellant. Also heard Mr. R Dhar, learned Standing Counsel, Welfare of Plain Tribes and Backward Classes Department, respondent No.2.

This writ appeal has been filed challenging the judgment and order of the learned Single Judge dated 19.03.2021 passed in WP(C) 1818/2021.

The appellant has filed the appeal primarily on the ground that as per sub- section 1 of section 6 of Tiwa Autonomous Council, Assam as amended in the year 2001, four persons have to be nominated by the Government in concurrence with the Tiwa Autonomous Council from amongst the groups of communities residing in council area and this provision has not been complied. Sub-section 1 of section 6 of the Act on which reliance has been placed by the petitioner, reads as under:

"The General Council shall consist of 40 (Forty) members of which 36 (Thirty Six) shall be elected and 4 (Four) shall be nominated by the Government with the concurrence of Tiwa Autonomous Council from amongst the groups of communities residing in council area and not otherwise represented in the General Council. Out of the 40 seats, 20 seats shall be reserved for Tribal's belonging to Tiwa Community and 6 seats shall be reserved for woman of any community."

Mr. R Dhar, learned Standing Counsel, Welfare of Plain Tribes and Backward Classes Department, has placed before this Court the order dated 02.11.2021 which is from the office of Tiwa Autonomous Council where the Council has already nominated four persons as per sub-section 1 of section 6 of the Act, which fact has Page No.# 3/3

also been admitted by the learned counsel for the appellant. The name of the four persons contained in the order dated 02.11.2021 are as follows:

"1. Sri Khagen Ch. Das _____ Schedule Caste Vill: Na-Khola P.O: Jagiroad Dist: Morigaon, Assam

2. Sri Junash Induwar ______ Tea Tribes Vill: Ahom gaon (Baliadhipa) P.O: Bamuni P/S- Samaguri Dist: Nagaon, Assam

3. Sri Ajit Deka _______ OBC (Koch) Vill: Suratbori P.O: Mikirbheta P/S- Mikirbheta Dist: Morigaon, Assam

4. Sri Tapan Gogoi ________ OBC (Ahom) Vill: Tetelia Gandhi Nagar P.O: Khetri Dist: Kamrup (M)"

In view of the aforesaid position, since now the nomination has already been made, the cause of action no more survives. The writ appeal is, accordingly, dismissed.

The order dated 02.11.2021 which has been placed before this Court is marked as 'X' and placed on record.

                JUDGE                           CHIEF JUSTICE



Comparing Assistant