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2015 DIGILAW 98 (MEG)

Akramuz Zaman v. State of Meghalaya

2015-06-29

T.NANDAKUMAR SINGH

body2015
ORDER : Heard Mr. S.A. Shiekh, learned counsel appearing for the petitioner and also Mr. N.D. Chullai, learned Sr. G.A, assisted by Mr. S. Sen Gupta, learned GA, appearing for the respondents. 2. As agreed to and prayed for by learned counsel appearing for the parties, this writ petition is taken up for disposal at the admission stage. 3. The prayer sought for in the present writ petition is for quashing the impugned order dated 22-06-2015 issued by the Block Development Officer, Selsella C&RD Block for conducting the election to Kandergaon VEC at Kandergaon Lower Primary School on 30th June, 2015 at 11:00am. The case of the petitioner is that in an election held on the month of July, 2012 to Kandergaon VEC, the petitioner had been elected as one of the Supervisors of the Kandergaon VEC and approved by the Block Development Officer & P.O. Selsella C&RD Block, West Garo Hills vide order dated 31st July, 2012. It is the admitted case of the parties that the term of the VEC in which the petitioner is one of the Supervisors under the said order of the Block Development Officer & P.O. Selsella C&RD Block dated 31st July, 2012 will be upto 31st July, 2015. 4. It is also the case of the petitioner in the present writ petition is that the copy of the order dated 28-04-2015 mentioning that the gram Sabha meeting was held and witnessed by Shri Tengsrang Sangma, APO and Shri Siddique Sarker, Technical Asstt. of the block and passed a Resolution for fresh election since the present Supervisor failed to fulfill the need of the job card holders, was not furnished to the petitioner and as such, the present petitioner has no knowledge of the said order dated 28-04-2015. In pursuance to the said order dated 28-04-2015, the Block Development Officer, Selsella C&RD Block passed the impugned order dated 22-06-2015 for conducting fresh elections to Kandergaon VEC at Kandergaon Lower Primary School on 30- 06-2015 at 11:00 am. Further grievance of the petitioner is that the petitioner was not given a chance to file his nomination for the said ensuing election on 30-06-2015. It is also the further case of the petitioner that the term of the said VEC in which the petitioner is one of the Supervisor has not yet expired inasmuch as the term is expiring on 31st July, 2015. 5. Mr. It is also the further case of the petitioner that the term of the said VEC in which the petitioner is one of the Supervisor has not yet expired inasmuch as the term is expiring on 31st July, 2015. 5. Mr. N.D.Chullai, learned Sr. GA, appearing for the respondents also strenuously contended that the fresh elections to Kandergaon VEC is required to be held inasmuch as the petitioner has failed to fulfill the need of the job card holders. Mr. S.A.Shiekh, learned counsel appearing for the petitioner categorically denied the said submission of Mr. N.D.Chullai. 6. In the above factual backdrop, this writ petition is disposed of by directing the respondent No.4, i.e. the Block Development Officer, Selsella C&RD Block to conduct the fresh election on 30th July, 2015 and all the candidates and job card holders are further directed to comply with the terms and conditions during the entire election process mentioned in the impugned order dated 22-06-2015. The petitioner may also contest the election. 7. Till the constitution of the new Kandergaon VEC on the result of the ensuing election, the respondent No.4 i.e. the Block Development Officer and Programme Officer MGNREGS Selsella C&RD Block, West Garo Hills shall discharge the functions and duties of the Kandergaon VEC. 8. For conducting the fresh elections on 30th July, 2015, the impugned order dated 22-06-2015 is hereby set aside. Writ petition is partly allowed and disposed of. Mr. N.D.Chullai, learned Sr.GA is directed to inform this order by W.T.Message the respondent No.4, i.e. the Block Development Officer and Programme Officer MGNREGS Selsella C&RD Block, West Garo Hills in the course of the day.