Allowed

Renuka Gohain Boruah, v. Surya Phukan and 4 Ors.

Gauhati HC3 Sept 2019I.A.(Civil)/2408/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted liberty to the applicant to submit a fresh requisition for a special meeting to propose a no-confidence motion. Interim protection to the petitioner as Chairman remains until a validly constituted meeting adopts a removal resolution.

What did the court decide?

Liberty granted to submit a fresh requisition for a special meeting; interim order modified to continue protection until a valid removal resolution is passed.

Renuka Gohain Boruah, Vs Surya Phukan and 4 Ors. — Municipal and Town Planning | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010047422019

¶3

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

¶4

Case No. : I.A.(Civil) 2408/2019

¶5

1:RENUKA GOHAIN BORUAH

¶6

W/O SRI UTTAM GOHAIN BORUA R/O WARD NO. 1 NAKARI P.O. AND P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM 787001

¶7

VERSUS

¶8

1:SURYA PHUKAN AND 4 ORS CHAIRMAN NORTH LAKHIMPUR MUNICIPAL BOARD NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM 787001

¶9

2:THE STATE OF ASSAM REPRESENTED BY THE SECY. TO THE GOVT OF ASSAM URBAN DEVELOPMENT DEPTT. DISPUR GUWAHATI 06 3:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM GUWAHATI 781022 4:THE DEPUTY COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR

¶10

Page No.# 2/3

¶11

DIST. LAKHIMPUR ASSAM 787001

¶12

5:THE EXECUTIVE OFFICER NORTH LAKHIMPUR MUNICIPAL BOARD NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM 787001

¶13

Advocate for the Petitioner : MR. L N DIHINGIA Advocate for the Respondent : MR. B D GOSWAMI

¶14

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

¶15

ORDER

¶16

03.09.2019

¶17

Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. L. N. Dihingia, learned counsel appearing for the writ applicant. I have also heard Mr. B. D. Goswami, learned counsel representing the OP No.1/writ petitioner as well as Ms. D. D. Barman, learned Govt. Advocate, Assam, appearing for the respondent Nos.1 to 5.

¶18

By filing this I.A. the applicant, who is the respondent No.6 in the writ petition, has approached this Court praying for vacating the interim order dated 06.03.2019 passed by this Court in WP(C) No.1529/2019.

¶19

Mr. Choudhury submits that the resolution adopted on 04.03.2019 removing the writ petitioner from the office of Chairman of North Lakhimpur Municipal Board, has been assailed in the writ petition on the ground of violation of procedural norms, viz., failure to give 20 days’ notice as per the statutory provision. If that be the only point, his client be given liberty to submit a

¶20

Page No.# 3/3

¶21

fresh requisition for convening a meeting by following the statutory norms since there is no legal bar against submission of a fresh requisition.

¶22

Mr. Goswami, learned counsel for the OP/writ petitioner, submits that if such a requisition is presented in accordance with the provisions of the statute, his client would not have any objection to the request made by Mr. Choudhury.

¶23

In view of the above, the applicant herein is granted liberty to submit a fresh requisition for convening a special meeting if he wishes to propose a noconfidence motion against the writ petitioner. If such a requisition is filed, the same be processed in accordance with law.

¶24

Until such time, any fresh resolution, in a validly constituted meeting is adopted, removing the petitioner from the office of the Chairman, he will continue to remain in office.

¶25

To the above extent, the interim order dated 06.03.2019 stands modified.

¶26

I.A. stands disposed of.

¶27

JUDGE

¶28

Comparing Assistant

Renuka Gohain Boruah, v. Surya Phukan and 4 Ors.

Case brief

What is this about?

What did the court decide?

Renuka Gohain Boruah, v. Surya Phukan and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bana Singha and Anr. Vs the State of Assam and 3 Ors.

Monomati Ojha Vs the State of Assam and 3 Ors.

Surajit Konwor and Anr. Vs the State of Assam and 5 Ors.

Sunil Industries Ltd. Vs M/S. Assam Tailoring and Anr.

M/S. P.D.Pipe Vs Assam Power Distribution Company Ltd. and Anr.

On the Death of Ajoram Nath His Legal Heirs Chakradhar Nath and 4 Ors. Vs Smti Basati Bala Nath and 3 Ors.