Disposed

Ataur Rahman v. the State of Assam

Gauhati HC2 Feb 2018WP(C)/368/2018

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging the removal of the petitioner as Chairperson. While noting that a no-confidence motion was passed, the Court held removal under Section 11(2) required a hearing. The petition was closed with liberty to explain the charges before the government.

What did the court decide?

Writ petition closed as infructuous with liberty to the petitioner to explain his stand to the Government before a removal order is passed.

Ataur Rahman Vs the State of Assam — Service and Employment | Gauhati HC (2018)

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GAHC010012932018

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

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Case No. : WP(C) 368/2018

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1:ATAUR RAHMAN

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S/O- LATE HUSSAIN ALI, CHAIRMAN, GUWAHATI SUB DIVISIONAL MARKET COMMITTEE, UPARHALI, BIJOYNAGAR, KAMRUP, PIN- 781122, R/O- DOLOITOLA, P.S- HAJO, P.O- SANIADI, DIST- KAMRUP, ASSAM, PIN781102

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VERSUS

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1:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPTT., OF AGRICULTURE, DISPUR, GUWAHATI- 781006, ASSAM

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2:THE STATE AGRICULTURE MARKETING BOARD BEING REP. BY THE CHIEF EXECUTIVE OFFICER R K MISSION ROAD ULUBARI GUWAHATI- 781007

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3:THE CHIEF EXECUTIVE OFFICER ASSAM AGRICULTURAL MARKETING BOARD R K MISSION ROAD ULUBARI GUWAHATI- 781007

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4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI- 781022

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5:THE MANAGING DIRECTOR ASSAM STATE WAREHOUSING CORPORATION

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PANNYAGAR BHAWAN CHRISTIAN BASTI AMRAWATI PATH GHY- 05

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6:THE DEPUY COMMISSIONER KAMRUP CUM CHAIRMAN OF THE ELECTION AUTHORITY GUWAHATI SUB DIVISIONAL REGULATED MARKET COMMITTEE AMINGAON GUWAHATI- 781031

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7:DISTRICT AGRICULTURAL OFFICER KAMRUP CUM MEMBER SECRETARY OF THE ELECTION AUTHORITY GUWAHATI SUB DIVISIONAL REGULATED MARKET COMMITTEE AMINGAON GUWAHATI- 781031

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8:THE SECRETARY GUWAHATI SUB DIVISIONAL REGULATED MARKET COMMITTEE UPARHALI BIJOYNAGAR KAMRUP PIN- 781122

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9:ANUP KUMAR JAIN VICE CHAIRMAN GUWAHATI SUB DIVISIONAL MARKET COMMITTEE UPARHALI BIJOYNAGAR KAMRUP PIN- 781122

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10:MAHENDRA NATH MEMBER GUWAHATI SUB DIVISIONAL MARKET COMMITTEE UPARHALI BIJOYNAGAR KAMRUP PIN- 781122

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11:GAJEN MEDHI MEMBER

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GUWAHATI SUB DIVISIONAL MARKET COMMITTEE UPARHALI BIJOYNAGAR KAMRUP PIN- 781122 12:PRABHAT DAS MEMBER GUWAHATI SUB DIVISIONAL MARKET COMMITTEE UPARHALI BIJOYNAGAR KAMRUP PIN- 781122 13:PRANAB KALITA MEMBER GUWAHATI SUB DIVISIONAL MARKET COMMITTEE UPARHALI BIJOYNAGAR KAMRUP PIN- 781122 14:NRIPAN RABHA MEMBER GUWAHATI SUB DIVISIONAL MARKET COMMITTEE UPARHALI BIJOYNAGAR KAMRUP PIN- 781122 15:SRIMATI KALPANA TALUKDAR MEMBER GUWAHATI SUB DIVISIONAL MARKET COMMITTEE UPARHALI BIJOYNAGAR KAMRUP PIN- 78112

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Advocate for the Petitioner : D DAS

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 02-02-2018

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Heard Mr. D. Das, learned counsel for the writ petitioner. I have also heard Mr. S. Saikia, learned counsel for the respondent Nos. 2, 3 and 8 as well as Ms. N.S. Thakuria, learned counsel for the respondent Nos. 9 to 14. Mr. S.R. Baruah, learned Govt. Advocate appears for respondent Nos. 1, 4, 5, 6 and 7.

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The matter pertains to the meeting convened on 25-01-2018 so as to discuss the agenda of removal of the Chairperson of the Guwahati Sub-Divisional Market Committee, i.e. the writ petitioner herein.

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Ms. Thakuria has informed this Court that pursuant to the interim order dated 24-012018, the meeting of the Marketing Committee was held on 25-01-2018 wherein, the No Confidence Motion brought against the writ petitioner was carried and therefore, the writ petition be closed as infructuous.

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Mr. S. Saikia, learned standing counsel, ASMB has invited the attention of this Court to the provision of Section 11 (1) and (2) of the Assam Agricultural Products Market Act, 1972 (Act of 1972) to submit that no decision has been taken by the State Govt. yet, to remove the petitioner from the post of Chairman in terms of the resolution adopted in the meeting held on 25-01-2018. He submits that the Secretary of the Committee is yet to forward the resolution to the Marketing Board for taking steps in accordance with Section 11 (1) and (2) of the Act.

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From a perusal of the relevant provisions of the statue, I find that the Chairperson of

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the Market Committee can be removed by the State Govt. under Section 11(2) of the Act of 1972 only after giving him an opportunity of explaining the charges brought against him, which exercise is admittedly, not yet completed.

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Having regard to the edict Section 11(2) of the Act of 1972, I deem it appropriate to close this writ petition by granting liberty to the petitioner to explain his stand before the Govt. as and when he is asked to do so.

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It is not is dispute that under the provision of the Act of 1972, the Chairperson of the Market Committee would continue in office until such time he is removed by the Govt. in accordance with Section 11(2) of the Act. It is, therefore, provided that the petitioner’s functioning as the Chairperson shall not be disturbed until an order is passed by the Govt. under Section 11(2) of the Act.

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If the petitioner continues to remain aggrieved even thereafter, it would be open for him to approach this Court by filing a petition afresh.

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With the above observation, this writ petition stands disposed of.

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JUDGE GS

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Comparing Assistant

Ataur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ataur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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