Petitioner challenged the formation of a new Construction Committee, alleging the previous one was dissolved without notice. The court found no enforceable right to continue as Chairman and noted physical and financial progress under the new committee, dismissing the writ petition.
The writ petition stands dismissed.
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GAHC010180942023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4910/2023
DANDURAM BORA SON OF SRI PHULSINGH BORA, R/O- 1 NO. BORCHOLA, P.O.- BORCHOLA, P.S.- LAHARIGHAT, IN THE DISTRICT OF MORIGAON, ASSAM, PIN- 782106.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006.
2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI- 781037.
3:THE DISTRICT COMMISSIONER MORIGAON DISTRICT- MORIGAON ASSAM.
4:THE CHIEF EXECUTIVE OFFICER MORIGAON ZILLA PARISHAD DISTRICT- MORIGAON ASSAM.
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5:THE BLOCK DEVELOPMENT OFFICER LAHARIGHAT DEVELOPMENT BLOCK LAHARIGHAT
DISTRICT- MORIGAON
ASSAM.
6:THE SECRETARY BORCHOLA GAON PANCHAYAT LAHORIGHAT DEVELOPMENT BLOCK
DISTRICT- MORIGAON ASSAM.
7:MD. FOKOR UDDIN AHMED SON OF UNKNOWN
PRESIDENT
CONSTRUCTION COMMITTEE FOR THE SCHEMES NAMELYCONSTRUCTION OF MARKET SHEDS AT BORCHALA CHARIALI DAILY MARKET UNDER BORCHALA GAON PANCHAYAT
DISTRICT- MORIGAON ASSAM
PIN- 782106
For the petitioner(s) : Mr. M.K. Borah, Advocate.
For the respondent(s) : Mr. S. Dutta, SC, P&RD Department.
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
O R D E R
01.09.2023
1 . The instant writ petition is filed by the Petitioner challenging the order dated 15.03.2023 passed by the Respondent No.5, whereby a Construction
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Committee was constituted for the Schemes namely “Construction of Market Shed at Borchala Chariali Daily Market” under Borchala GP with an estimated amount of Rs.5,00,000/-. The grievance of the Petitioner herein is that prior to the impugned order the Block Development Officer, i.e. the Respondent No.5 had issued an order on 03.11.2022 constituting a Construction Committee wherein the Petitioner was the Chairman. The further grievance of the Petitioner is that the earlier Construction Committee was also dissolved without notice and without any basis.
2 . Mr. S. Dutta, learned counsel appearing on behalf of P&RD Department has placed an instruction dated 31.08.2023 issued by the Respondent No.5. In the said instructions it was mentioned that the Respondent No.5 was informed that the former Secretary of Borchala Gaon Panchayat, one Md. Habibur Rahman had distorted the Minutes of the Gaon Sabha and replaced the Chairman of the Construction Committee of the Scheme namely “Construction of Market Shed at Borchala Chariali Daily Market” without the prior knowledge of the GP President and had thereupon mislead the Respondent No.5 for getting the approval. The Respondent No.5 further states in his instructions that upon asking the original Gaon Sabha proceeding, the former Secretary Habibur Rahman (under suspension) did not hand over the proceedings to the present GP Secretary till date. It was also mentioned that no work had started in respect to the Scheme and no fund was being transferred to the Construction Committee account wherein the Petitioner was the Chairman from the mother account till 05.03.2023. Further to that, it was also mentioned that the GP President and the present Secretary had conducted another Gaon Sabha on 20.02.2023 for selection of the Chairman of the Construction Committee of
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various Schemes under the 15th Finance Commission for the year 2020-2021 and 2021-2022 forfeiting all previous Construction Committees formed. In the instructions it was also mentioned that the Petitioner herein had made a false allegation in the writ petition that he was previously selected as the Chairman of the Construction Committee of 3 Schemes under the 14th Finance Commission. Further to that, there were various allegations against the Petitioner and the former Secretary Habibur Rahman that they had deliberately distorted the Minutes of the Gaon Sabha for their self benefit. It was further mentioned that the new Construction Committee which was formed vide the impugned communication under the Chairmanship of one Fokor Uddin Ahmed, there has been a physical progress of 40% and financial progress of 25%. The said instructions along with the materials so placed before this Court are kept on record and marked as ‘X’.
3 . I have heard the learned counsel for the parties.
4 . This Court made a specific query upon the learned counsel appearing on behalf of the Petitioner as to what enforceable right the Petitioner had challenged the impugned order dated 15.03.2023, whereby a new Construction Committee has been formed. The learned counsel however could not show any enforceable right to continue as the Chairman on the basis of the earlier order dated 03.11.2022 nor could show that the Gaon Panchayat or the Respondent No.5 did not have authority to change the Construction Committee. This Court apart from the above had also taken note of the stand of the Respondent No.5 as is contained in the documents which are kept on record and marked as ‘X’.
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In that view of the matter this Court finds no reason to interfere with the order dated 15.03.2023, more so when there has been physical progress of 40% and financial progress of 25% under the aegis of the present Construction Committee formed on the basis of the impugned order dated 15.03.2023.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner has any enforceable right to continue as Chairman of the construction committee to challenge the formation of a new committee
Whether the Panchayat and Rural Development Department had authority to constitute a new construction committee without prior notice
Whether the new constitution of the committee warrants judicial intervention given the physical and financial progress achieved
DANDURAM BORA
THE STATE OF ASSAM AND 6 ORS
DEVASHIS BARUAH
As recorded by the court registry
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