Dismissed

Gitanjali Hazarika and 8 Ors. v. the State of Assam and 4 Ors.

Gauhati HC2 Sept 2022WP(C)/3749/2022

Case brief

AI extract

What is this about?

Nine Zilla Parishad members sought a writ mandamus directing the release of funds equally to members without disparity. The Court held that fund allocation is an internal matter not suitable for Article 226 intervention and directed petitioners to use Section 75 remedies.

What did the court decide?

Writ petition stands closed; petitioners directed to seek remedy under Section 75 of the Assam Panchayat Act, 1994.

Gitanjali Hazarika and 8 Ors. Vs the State… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010105932022

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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)/3749/2022

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GITANJALI HAZARIKA AND 8 ORS. W/O. THANESWAR HAZARIKA, VILL. DIPHALU, P.S. SADAR, P.O. ITACHALI, PIN-782003 (MEMBER OF WARD NO.-20 BHUTAI PATHORI Z.P.C.)

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2: MORSHIDA BEGUM W/O. JAKIR HUSSAIN FARAJI R/O. VILL. KALANI JALAH P.S. JURIA P.O. JURIA DIST. NAGAON PIN-782124 (MEMBER OF WARD NO.-13 JURIA Z.P.C.)

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3: SALIM JAVED VILL. PUB FUTALJAR P.S. RUPAHIHAT P.O. PUB FUTALJAR PIN-7824128 (MEMBER OF WARD NO.-12 GORAJAN Z.P.C.)

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4: RITA KAKATI BORAH VILL. SAMAGURI P.O. BHELEUGURI P.S. SAMAGURI DIST. NAGAON PIN-782140 (MEMBER OF WARD NO.-23 SAMAGURI Z.P.C.)

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5: SMT. DIPIKA SAIKIA W/O. TANKESWAR KEOT R/O. VILL. BORPATHARI P.S. SADAR P.O. PATHARI

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NAGAON PIN-782003 (MEMBER OF WARD NO.-17 PAKHIMORIA Z.P.C.)

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6: GHANA BORDOLOI S/O. LT. BANA BORDOLOI VILL. KATHAITALI P.O. KATHAITALI P.S. KAMPUR PIN-782477. (MEMBER OF WARD NO.-18 Z.P.C.) 7: REZIA BEGUM W/O. MIR MOTIUR RAHMAN VILL. ROWMARI P.O. AND P.S. RUPAHIHAT PIN-782128 (MEMBER OF WARD NO.-14 RUPAHIHAT Z.P.C.) 8: SMT. AHIDA BEGUM W/O. SHEIKH FAKRUDDIN VILL. PUB LORIMUKH P.S. RUPAHIHAT P.O. KATHAPARA (MEMBER OF WARD NO.-25 SINGIMARI Z.P.C.) 9: JIABUR RAHMAN BHUYAN S/O. LT. ABDUR RASHID BHUYAN VILL. JARAMARI P.S. DHING P.O. BALISATRA PIN-782122 (MEMBER OF WARD NO.-6 ALITANGONI Z.P.C. VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., ASSAM, DISPUR, PIN-781005.

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2:COMMISSIONER OF PANCHAYAT AND RURAL DEPTT.

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ASSAM HENGRABARI GUWAHATI PIN-781005. 3:THE NAGAON ZILLA PARISHAD REP. BY THE CEO NAGAON ZILLA PARISHAD

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NAGAON ASSAM PIN-782001.

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4:CHAIRMAN

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NAGAON ZILLA PARISHAD NAGAON ASSAM PIN-782001.

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5:DEPUTY COMMISSIONER

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NAGAON ASSAM PIN-782001

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Advocate for the Petitioner : MD. M H CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 02-09-2022

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Heard Mr. T. Norbu, learned counsel for the petitioners and Mr. N.K. Debnath, learned counsel for the respondents No. 1, 2, 3 and 4, being the authorities under the Panchayat and Rural Development Department of the Government of Assam. Also heard Mr. M. Chetia, learned Junior Government Advocate for the respondent No. 4, Deputy Commissioner, Nagaon.

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Nine members of the Nagaon Zilla Parishad have instituted this writ petition seeking a writ in the nature of mandamus to the respondents, which has to be understood to be the Commissioner Secretary to the Government of Assam in the Panchayat and Rural Development Department, the Commissioner of Panchayat and Rural Department, the Nagaon Zilla Parishad represented by

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the Chief Executive Officer and the Chairman, Nagaon Zilla Parishad to allocate and release Zilla Parishad funds equally amongst Zilla Parishad Constituency Members with a further direction not to release any fund to any of the members without removing disparity and discrimination.

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As submitted by the learned counsel for the petitioners, it has to be understood that whatever funds are being allocated to the Nagaon Zilla Parishad, already have not been equally allocated to each of the members and therefore, the members are aggrieved. The amount and proportion of the funds to be allocated is a decision of the Zilla Parishad and an internal matter of the Zilla Parishad and we are of the view that for such internal matters of the Zilla Parishad, it would not be appropriate for the Court under Article 226 of the Constitution of India to decide as to what should be the allocation of the funds to the individual members of the Zilla Parishad. If the members of the Zilla Parishad are aggrieved, under the second proviso to Section 75 of the Assam Panchayat Act,1994, they can call for a meeting of the Zilla Parishad by giving a requisition in writing by 1/3 of the members of the Zilla Parishad. If advised, the petitioners may avail such remedy.

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Writ petition stands closed as indicated above.

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JUDGE

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Comparing Assistant

Gitanjali Hazarika and 8 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Gitanjali Hazarika and 8 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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