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2010 DIGILAW 199 (GAU)

Amoresh Roy v. State of Assam

2010-03-16

I.A.ANSARI

body2010
JUDGMENT I.A. Ansari, J. 1. Election of the members of the District Planning Committee (in short, 'the said Planning Committee'), for the district of Karimganj, for the financial year 2009-2010, from amongst the members of Karimganj Jilla Praishad, is under challenge in this writ petition made under Article 226of the Constitution of India. 2. The respondent No. 5 herein, namely, Chief Executive Officer, Karimganj Jilla Parishad, sent a letter, on 2.7.2009, to respondent No. 3 herein, namely, Deputy Commissioner, Karimganj, containing a list of 12 persons as elected members of the said Planning Committee, claiming that the said list had been prepared, in terms of the requirements of Sub-section (2) of Section 3 of the Assam Panchayat Act, 1994, in a meeting of the said Zila Parishad concerned held on 29.6.2009. The said list contained, amongst others, the names of the present writ petitioners as elected members of the said Planning Committee. The total strength of the directly elected members of Karimganj Zila Parishad is 20. 3. However, respondent No. 5, namely, Chief Executive Officer, Karimganj Zila Parishad, sent another letter, on 21.10.2009, to the respondent No. 3, whereby another list has forwarded for doing the needful, the list, so forwarded, is claimed to have been prepared in terms of the requirements of Sub-section (2) of Section 3 of the Assam Panchayat Act, 1994 (in short, 'AP Act'). The second list introduced some modifications in the names of the persons, who were to be members of the said Planning Committee. In the list, so forwarded, the names of the present petitioners were replaced by the names of the private respondent therein. By a representation, dated 23.10.2009, addressed to the respondent No. 3, namely, Deputy Commissioner, Karimganj, some of the present petitioners expressed their grievances at the modification of the said list, which, according to the persons, who had made the representation, was illegal and they requested respondent No. 3 to cancel the said second list. 4. Thereafter, a notice was issued, on 26.10.2009, by the President, Karimganj Zilla Parishad, calling for a meeting to beheld, on 28.10.2009, for the purpose of constituting the said Planning Committee. The notice also claimed that the meeting was being convened at the instruction of the Deputy Commissioner, Karimganj. 4. Thereafter, a notice was issued, on 26.10.2009, by the President, Karimganj Zilla Parishad, calling for a meeting to beheld, on 28.10.2009, for the purpose of constituting the said Planning Committee. The notice also claimed that the meeting was being convened at the instruction of the Deputy Commissioner, Karimganj. After the meeting was held on 28.10.2009, a letter was sent by the present petitioners and some others to the respondent No. 3, namely, Deputy Commissioner, Karimganj, alleging inter alia, that in the meeting, which had been convened, on 28.10.2009, the President of the said Zilla Parishad had simply declared the names of the members, who were to constitute the said Planning Committee and left the meeting hall. The signatories to the letter aforementioned accordingly requested the respondent No. 3, namely, Deputy Commissioner, Karimganj, to cancel the names of the persons, who were claimed to have been elected in the meeting, which was held on 28.10.2009. 5. By names of the present writ petition, the petitioners have sought for issuance of a writ of certiorari setting aside and quashing the modified list, dated 28.10.2009, aforementioned, as well as the impugned notice, dated 26.10.2009, and the impugned resolution, dated 28.10.2009. 6. The respondent No. 3, namely, Deputy Commissioner, Karimganj, has filed his affidavit, wherein he has stated, inter alia, thus : A list of selected members for the said Planning Committee of the said district was submitted to respondent No. 3, namely, Deputy Commissioner, Karimganj, by the respondent No. 5, namely, Chief Executive Officer, Karimganj Zilla Parishad, by the latter's letter, dated 30.6.2009, wherein the names of the present petitioners had appeared at serial Nos. 2, 4, 5, 8 and 13. The said list was accordingly submitted to the Government on 18.7.2009. However, during the meeting, on 26.10.2009, as convened by the respondent No. 4, namely, President Karimganj Zilla Parishad, for selection of scheme under the said Planning Committee, the President of Karimganj Zilla Parishad tabled another list of 13 members, who were claimed to have been selected. The said list was accordingly submitted to the Government on 18.7.2009. However, during the meeting, on 26.10.2009, as convened by the respondent No. 4, namely, President Karimganj Zilla Parishad, for selection of scheme under the said Planning Committee, the President of Karimganj Zilla Parishad tabled another list of 13 members, who were claimed to have been selected. As the list, so produced by the respondent No. 4, in the meeting held, on 26.10.2009, differed from the list, which was earlier submitted, on 30.6.2009, objections were raised by the Members of Zilla Parishad in the said meeting itself and as the proceeding of the said meeting got disrupted, the respondent No. 3, intervened and requested the house to elect members of the said Planning Committee afresh to avoid any controversy. By letter, dated 26.10.2009, respondent No. 3, namely, Deputy Commissioner, Karimganj, accordingly requested respondent No. 5 to convene another meeting, on 28.10.2009, for a fresh selection of the 13 number of members of the District Planning Committee for Karimganj district. The meeting was accordingly convened on 28.10.2009 and though a list was prepared, the report, received from the respondent No. 3's representatives in this regard, revealed that the selection of the members of the said committee in the said meeting, was not made in conformity with the prescribed manner. 7. To some extent, contradicting the above version of the respondent No. 3, namely, Deputy Commissioner, Karimganj, respondent No. 5, namely, Chief Executive Officer, Karimganj Zilla Parishad, has, in substance, in this affidavit, contended that in the meeting held on 28.10.2009, a resolution was, adopted by voice vote in presence, of the writ petitioners electing 13 members of the said Planning Committee. 8. The private respondents, who have got themselves impleaded in this case, have also filed an application for modification of the interim order, whereby the directions had been passed, in the writ petition, on 10.11.2009, suspending operation of the impugned orders, dated 20.10.2009, 21.10.2009 and 28.10.2009. 9. As the application, seeking modification, has not been heard within the requisite period, another application has been made by the writ petitioners seeking extension of the said interim direction. This application has given rise to Misc. Case No. 462 of 2010. 10. 9. As the application, seeking modification, has not been heard within the requisite period, another application has been made by the writ petitioners seeking extension of the said interim direction. This application has given rise to Misc. Case No. 462 of 2010. 10. Considering the fact that the period of the Planning Committe, in question, would enure by efflux of time with the end of the March, 2010, i.e., 31.3.2010, the writ petition, as has been sought for, and agreed to, by the learned Counsel for the parties, has been taken up for final disposal and has accordingly been heard. 11. I have heard Mr. S. Sarma, learned Counsel for the writ petitioners, and Mr. N. Dhar, learned Counsel for the private respondents, I have also heard Mr. G. Soren, learned Government Advocate, appearing on behalf of the State respondents. 12. While considering the present writ petition, it needs to be pointed out that the provisions, with regard to the constitution of a District Planning Committee under the AP Act, have been made in Chapter-II of the AP Act. Section 3(2) lays down that the said Planning Committee shall consist of the following : (a) the members of the House of People who represent the whole or part of the district; (b) the members of the Assam Legislative Assembly whose major part of the constituencies fall within the district; (c) the President of the Zilla Parishad; (d) the Mayor or the Chairpersons of the Municipal Corporation/Municipal Board/Town Committee as the case may be having jurisdiction over the Headquarter of the district; (e) such number of persons not less than "four-fifth" of the total number of members as may be specified by the Government, elected in the prescribed manner from amongst the members of the Zilla Parishad, Anchalik Panchayats, Gaon Panchayats, Town Committees, Municipalities and Municipal Corporations in the district on rotation annually and in proportion to the ratio between the population of the rural areas and of the urban areas of the district. 13. A bare reading of what Section 3(2) provides clearly that the said Planning Committee shall have not less than 4/5th of the total number of members of the Zilla Parishad and that the members are to be elected in the prescribed manner from amongst the members of the Zilla Parishad, councillors of Municipal Corporation or the Municipalities, as the case may be. The constitution of the said Planning Committee, as Sub-section (1) of Section 3 reflects, is not the said Planning Committee of the Zilla Parishad, but the same is, in fact, the said Planning Committee of the Zilla Parishad, Anchalik Panchayats, Gaon Panchayat, Tow Committees, Municipalities and Municipal Corporations in the district. 14. In the present case, since we are concerned with the choice of the members coming from the Zilla Parishad, we keep ourselves confined to Zilla Parishad. Subsections (3), (4) and (5) of Section3 make it clear that the Deputy Commissioner of the district, Chief Executive Officer of the Zilla Parishad and the President of the Zilla Parishad shall be Ex-officio Member, Secretary and Chairman of the District Planning Committee regulatory. The said Planning Committee's role, as Section 3(6) reveals, is to consolidate the plan prepared by the Zilla Parishad, Anchalik Panchayats, Gaon Panchayats, Town Committees, Municipalities and Municipal Corporations in the district concerned and prepare a draft development plan for the district as whole. 15. In terms of Clause (i) of Sub-section (26) of Section 2, the 'financial year' means the year commencing on the first day of April every year and ending on the thirty-first day of March next year, whereas the 'Panchayat year' means, in the light of Clause (ii) of Sub-section (26) of Section2, the year commencing on the first day of July or on such other date as the State Government may be notification appoint. 16. In view of the fact that the writ petition raises disputed question of fact, adjudication of the question as to whether the list was prepared in accordance with law or not, would require holding of a roving inquiry. Such an inquiry, in a proceeding of present nature, is not feasible and is also not warranted by the facts of the present case. 17. Suffice is, however, to point out that under Section 3, it is the Government, which shall constitute the said Planning Committee. It is, therefore, the Deputy Commissioner of the district concerned, whose responsibility it is to constitute an appropriate said Planning Committee. The members of the Zilla Parishad, in order to become members of the said Planning Committee, shall be elected and not selected or nominated at the initiative of the Deputy Commissioner of the district concerned members of the said Planning committee. The members of the Zilla Parishad, in order to become members of the said Planning Committee, shall be elected and not selected or nominated at the initiative of the Deputy Commissioner of the district concerned members of the said Planning committee. It is, therefore, necessary that before commencement of the financial year, the Deputy Commissioner of the district concerned ensures that the members of the said Planning Committee are elected from amongst the member of the Zilla Parishad before the financial year commences. The election, therefore, has to be fair and transparent and all such steps as are necessary for the purpose of maintaining fairness and transparency must be taken by the Deputy Commissioner concerned. 18. Because of the fact that the current financial year would end, as already pointed out above, on 31st of March, 2010, and barely about two weeks' time is left, the Deputy Commissioner, Karimganj, is hereby directed to take requisite steps and constitute the said Planning Committee in accordance with law for the district of Karimganj so that the Planning Committee, constituted in accordance with law, becomes functional with the commencement of the next financial year. 19. With the above observations and directions, this writ petition shall stand disposed of. 20. No order as to costs. Petition allowed.