Allowed

Amri Karbi Developmental Society and 2 Ors. v. the State of Assam and 5 Ors.

Gauhati HC1 Apr 2022I.A.(Civil)/407/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application seeking the impleadment of a reconstituted Cabinet Sub-Committee, represented by Dr. Ranoj Pegu, as respondent No. 7 in a connected writ petition within the WPT&BC Department.

What did the court decide?

Administrators' application for impleadment of the reconstituted Cabinet Sub-Committee as respondent No. 7 in WP(C) 6657/2021 is allowed.

Amri Karbi Developmental Society and 2 Ors. Vs the… — Writ and Judicial Review | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010033442022

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

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in WP(C) 6657/2021

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AMRI KARBI DEVELOPMENTAL SOCIETY AND 2 ORS. HAVING ITS HEAD OFFICE AT SAMATA (FONG ARI) P.O. SAMATA, P.S. SONAPUR, DIST. KAMRUP, ASSAM, PIN 782402, REPRESENTED BY ITS PRESIDENT SRI HAREN PHANGCHO

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2: HAREN PHANGCHO

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S/O LATE SASHI PHANGCHO R/O MARKANG P.O. NORTAP P.S. SONAPUR DIST. KAMRUP ASSAM PIN 782402 PRESENTLY SERVING AS THE PRESIDENT OF AMRI KARBI DEVELOPMENT SOCIETY.

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3: BHAGEN TERON

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S/O LATE CHANDRA KANTA TERON R/O VILL. TALONI P.O. DHUPGURI P.S. KHETRI DIST. KAMRUP (M) ASSAM PIN 782403 PRESENTLY SERVING AS THE SECRETARY OF AMRI KARBI DEVELOPMENT SOCIETY

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VERSUS

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THE STATE OF ASSAM AND 5 ORS.

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REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR,

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GUWAHATI 781006

2:THE CHIEF SECY

GOVT. OF ASSAM DISPUR GUWAHATI 781006

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3:THE COMMISSIONER AND SECY.

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WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPTT. DISPUR GUWAHATI 781006

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4:THE STATE ELECTION COMMISSION

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REPRESENTED BY STATE ELECTION COMMISSIONER HOUSEFED COMPLEX DISPUR GUWAHATI 781006

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5:THE TIWA AUTONOMOUS COUNCIL

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REPRESENTED BY ITS PRINCIPAL SECY. MORIGAON ASSAM.

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6:THE GROUP OF MINISTERS

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HEADED BY THE SHRI CHANDRA MOHAN PATOWARY HONBLE MINISTER INDUSTRIES AND COMMERCE DEPTT. (THROUGH THE CHIEF SECY. TO THE GOVT. OF ASSAM.

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7:THE CABINET SUB COMMITTEE

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CONSTITUTED VIDE NOTIFICATION DATED 25.10.2021 REP. BY ITS CHAIRMAN DR. RANOJ PEGU HONBLE MINISTER WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES (THROUGH THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

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Advocate for the Petitioner : MR. I CHOUDHURY

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Advocate for the Respondent :

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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01-04-2022

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Heard Mr. I. Choudhury, learned Senior counsel assisted by Ms. M. Kakoty, learned counsel for the applicants and Mr. B. J. Talukdar, learned Additional Senior Government Advocate, Assam for the opposite party Nos. 1, 2 & 6. Also heard Mr. R. Dhar, learned Standing counsel, WPT&BC Department for the opposite party No. 3; Mr. R. Dubey, learned Standing counsel, State Election Commission, Assam for the opposite party No. 4 and Mr. D. Gogoi, learned counsel appearing on behalf of Mr. S. Neog, learned Standing counsel, Tiwa Autonomous Council for the opposite party No. 5.

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The applicants as petitioners have preferred the connected WP(C) No. 6657/2021 which is presently pending for adjudication.

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During pendency of said WP(C) No. 6657/2021, the Principal Secretary to the Government of Assam in the WPT&BC Department reconstituted the Tiwa Autonomous Council with the existing Cabinet Sub-Committee represented by Dr. Ranoj Pegu, Minister of WPT&BC Department as well as the Chairman of the said Committee and Sri Atul Bora, Minister of Agriculture Department and Sri. Ranjit Das, Minister of P&RD Department etc. as the members of said Committee.

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Mr. Choudhury, learned Senior counsel appearing for the applicants, submits that since the Cabinet Sub-Committee has been re-constituted vide Notification No. TAD/BC/391/2017/148 dated 04.01.2022 issued by the Principal Secretary to the Government of Assam in the WPT&BC Department, therefore, by this application, the applicants have prayed for impleadment of the reconstituted Cabinet Sub-Committee represented by its Chairman, Dr. Ranoj Pegu, Minister of WPT&BC Department as party respondent No. 7 in the connected WP(C) No. 6657/2021.

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Considering the above, the applicants/petitioners’ prayer for impleadment of the reconstituted Cabinet Sub-Committee represented by its Chairman, Dr. Ranoj Pegu, Minister of WPT&BC Department as party respondent No. 7 in the connected WP(C) No. 6657/2021 is allowed.

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Accordingly, this interlocutory application stands allowed.

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JUDGE

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Comparing Assistant

Amri Karbi Developmental Society and 2 Ors. v. the State of Assam and 5 Ors.

Case brief

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Amri Karbi Developmental Society and 2 Ors. v. the State of Assam and 5 Ors.

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