Subrata Dutta vs The State Of Assam And 4 Ors
2022 Latest Caselaw 578 Gua

                                                                     Page No.# 1/3

GAHC010028592022




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

                                 Case No. : WP(C)/1093/2022

            SUBRATA DUTTA
            S/O LATE RANJIT DUTTA, R/O WARD NO. 6 OF SAPATGRAM TOWN, P.O.
            AND P.S.-SAPATGRAM, DIST-DHUBRI, ASSAM, PIN-783337



            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
            HOUSING AND URBAN AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-
            781006

            2:THE SECRETARY TO THE GOVT. OF ASSAM
             URBAN DEVELOPMENT DEPARTMENT
             DISPUR
             GUWAHATI-781006

            3:THE DEPUTY COMMISSIONER OF DHUBRI DISTRICT
             P.O. AND DIST-DHUBRI
            ASSAM

            4:THE SUB-DIVISIONAL OFFICER (CIVIL) OF BILASIPARA SUB-DIVISION
             BILASIPARA
             P.O.-BILASIPARA
             DIST-DHUBRI
            ASSAM

            5:THE ASSM STATE ELECTION COMMISSION
             REPRESENTED BY ITS SECRETARY
             DISPUR
             GUWAHATI-

Advocate for the Petitioner   : MR. D P MANDAL
                                                                                           Page No.# 2/3


Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

18-02-2022

Heard Mr. D. P. Mandal, learned counsel for the petitioner and Mr. P. Nayak, learned Standing counsel, Housing and Urban Affairs Department for the respondent Nos. 1 & 2. Also heard Ms. S. Sarma, learned Government Advocate, Assam for the respondent Nos. 3 & 4 and Mr. R. Dubey, learned Standing counsel, State Election Commission, Assam for the respondent No. 5.

The petitioner herein has challenged the Notification No. UDD (M)/285/2019/Pt.II/30 dated 25.11.2020 issued by the Secretary to the Government of Assam, Urban Development Department, respondent No. 2 whereby the post of Chairperson of Sapatgram Municipal Board, Sub-Division- Bilasipara in the district of Dhubri has been reserved for the Scheduled Caste (Woman).

According to the petitioner, the respondents in the Urban Development Department of the State committed illegality in issuing the said Notification dated 25.11.2020 as they violated the provisions of Section 33 of the Assam Municipal Act, 1956 pertaining to rotation principle as provided in the Article 243 T (3) of the Constitution of India.

It is to be noted herein that the State Election Commission, Assam has already issued the Notification No. SEC.145/2019/426 dated 09.02.2022 declaring the time schedule of Municipal election within the State of Assam including the election of Bilasipara Municipal Board, district-Dhubri as provided under Article 243ZA of the Constitution of India and as per the provisions of the Section 12-A of the Assam Municipal Act, 1956.

Considered the judgment of the Hon'ble Apex Court (comprising three Hon'ble Judges) in the case of the State of Goa and another Vs. Fouziya Imtiaz Shaikh reported in (2021) 8 SCC 401 which had already settled the law.

Since the election process of Bilasipara Municipal Board, Dhubri has already been initiated pursuant to the said Notification dated 09.02.2022, noted above, the prayer of the petitioner at this stage cannot be entertained by the writ Court.

Page No.# 3/3

As such, this writ petition is not maintainable at this stage.

However, the petitioner may approach the appropriate forum for redressal of his grievances

JUDGE

Comparing Assistant