Ramendra Kumar Das vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1548 Gua

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GAHC010088372022




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

                           Case No. : WP(C)/3073/2022

         RAMENDRA KUMAR DAS
         S/O- LT. RAMESH CHANDRA DAS, RESIDENT OF WARD NO. 21,
         ISSAPURHATI, P.O. AND DISTRICT- BARPETA, ASSAM. PIN- 781301.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, URBAN DEVELOPMENT, DISPUR, GUWAHATI-6.

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

         3:THE DEPUTY COMMISSIONER
          BARPETA
          P.O.
          P.S. AND DISTRICT- BARPETA
         ASSAM. PIN- 781301.

         4:THE STATE ELECTION COMMISSION
         ASSAM
          HOUSEFED
          DISPUR
          GUWAHATI-06.

         5:THE CHAIRMAN
          SUB-DIVISIONAL SCHEDULE CASTE DEVELOPMENT BOARD
          BARPETA
         ASSAM
          PIN- 781301.
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            6:CHABILAL DAS
             SON OF KANU RAM DAS
             R/O- BHAKATPARA
            WARD NO. 12
             P.O.
             P.S. AND DIST- BARPETA
            ASSAM. PIN- 781301

Advocate for the Petitioner   : MR. N J DUTTA

Advocate for the Respondent : GA, ASSAM




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                         ORDER

11.05.2022

Heard Mr. NJ Dutta, learned counsel for the petitioner. Also heard Mr. D Nath, learned Senior Government Advocate for respondents No.1, 2, 3 and 5 being the authorities under the Urban Development Department, Municipal Administration, Deputy Commissioner, Barpeta as well as the Chairman Sub-Divisional Schedule Caste Development Board, Barpeta and Ms. AB Kayatha, learned counsel for the respondent No.4 being the State Election Commission.

Issue notice, returnable by four weeks.

Extra copies of the writ petition be served on the learned counsel for the respondents as indicated hereinabove within three days.

Petitioner to take steps for service of notice on the respondent No.6 by registered post with A/D within three days.

The respondent No.6 Chabilal Das was elected as the Councilor in the Page No.# 3/4

Barpeta Municipal Board in the Municipality Election held in the month of April, 2022. Thereafter the respondent No.6 was selected as the Chairman of the Barpeta Municipal Board in an election amongst the Councilors. The said selection of the respondent No.6 is assailed in this writ petition on the ground that as per the Notification dated 25.11.2020 of the Urban Development Department, Government of Assam the post of Chairman in respect of Barpeta Municipal Board is reserved for schedule caste candidates.

An allegation is raised that the respondent No.6 had relied upon an incorrect or fraudulent caste certificate to present himself as a schedule caste candidate and thereby got elected for the post of Chairman, which, otherwise, is reserved for schedule caste candidates. As it is an allegation regarding the acceptability of the caste certificate of the respondent No.6, we deem it appropriate that the matter be referred to the State Level Scrutiny Committee constituted for the purpose as provided in the judgment of the Supreme Court in Kumari Madhuri Patil Vs. Additional Commissioner, reported in 1994 (6) SCC

241. As per law, it is only the State Level Scrutiny Committee which is competent to determine the authenticity of the caste certificate of the respondent No.6. Accordingly the State Level Scrutiny Committee may take cognizance of the matter and issue notice on the respondent No.6 for a determination as regards the authenticity of the caste certificate relied upon by the said respondent for the purpose of being elected as the Chairman of the Municipal Board. As the said Committee is under the WPT & BC Department of the Government of Assam, the petitioner to implead the WPT & BC Department through its Director as the respondent No.7 in the present writ petition.

Mr. R Dhar, learned counsel has appears and accepts notice on behalf of the WPT & BC Department of the Government of Assam.

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Registry to incorporate necessary correction in the cause-title of the writ petition.

List after four weeks for the report of the State Level Scrutiny Committee.

We are referring the issue regarding the authenticity of the caste certificate of the respondent No.6 to the State Level Scrutiny Committee without hearing the respondent No.6 inasmuch as under the law, the said Committee is the only competent authority to determine the authenticity of the caste certificate and we need not wait for the response of the respondent No.6 to arrive at any decision as regards the authenticity and neither this Court is competent to decide upon the authenticity.

In any view of the matter, the Committee shall act further only after issuing notice to the respondent No.6.

JUDGE

Comparing Assistant