SATYESWAR DAOLAGUNU AND OTHERS Vs. THE SECRETARY TO THE GOVT. OF ASSAM AND OTHERS
HIGH COURT OF GAUHATI
Satyeswar Daolagunu And Others
The Secretary To The Govt. Of Assam And Others
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D.M. Sen, J. -
(1.) THESE are three applications under Article 226 of the Constitution of India, directed, inter alia, against Assam Government Notification No. TAD/ R/215/72 dated 6th December 1972 terminating the membership of the petitioners who were nominated members of the Mikir Hills District Council. The notification reads as under: - -
The 6th December, 1972.
No. TAD/R/215/72 - - In exercise of (he powers conferred by sub -paragraph (6 -A) of para. 2 of the Sixth Schedule to the Constitution read with sub -rule (3) of Rule 6 of the Assam Autonomous Districts (Constitution of District Councils) Rules, 1951. the Governor of Assam is pleased to order that the following Members of the Mikir Hills District Council who were nominated as Members vide this Department's Notification No. TAD/ R/49/71 dated the 19th March 1971 shall cease to be Members of the said District Council with immediate effect.
1. Shri Satyeswar Daolagupu
(2.) SHRI pitor Tubit Shri Fulsing Laluns
(3.) SHRI K. Rengma.
Satyeswar Daolagupu is petitioner in Civil Rule No. 876 of 1972. Pitor Tubit is petitioner in Civil Rule 882 of 1972 and Khuembe Rengma is petitioner in Civil Rule No. 883 of 1972. Fulsing Lalung was petitioner in Civil Rule No. 881 of 1972, which has been disposed of by this Court by a separate order.
2. Sub -rule (3) of Rule 6 of the Assam Autonomous Districts (Constitution of District Councils) Rules, 1951 provides?
The nominated members shall be appointed by the Governor, and a member so appointed shall hold Office during the pleasure of the Governor.
The applications also challenge another notification No. TAD/R215/72 dated 6th December, 1972 nominating respondents Nos. 6. 7, 8 and 9 as members District Council in places of the petitioners and Fulsing Lalung. and a notice dated 10 -11 -1972 issued by the Chairman. Mikir Hills District Council fixing 12th December 1972 for holding election of the Chief Executive Member of the Council.
3. Since the points of law urged in Civil Rule Nos. 876. 882 and 883 of 1972 are all common, we propose to dispose of all these three applications by this one common judgment.
4. This notification at Annexure VI in Civil Rules No. 876 of 1972, terminating the tenure of the four nominated members, is being challenged on several grounds. The first ground taken Is that the aforesaid notification before issue was never placed before the Governor of Assam and that it was passed at the instance of respondent No. 4 Chatra Singh Teron. Minister for Tribal Affairs Department, Government of Assam, Shillong, without having the matter before the Governor. Under subparagraph (6 -A) of paragraph 2 of the Sixth Schedule to the Constitution (hereinafter called 'the Schedule') a nominated member of the District Council holds office at the pleasure of the Governor. It has been urged that such pleasure is to be exercised by the Governor himself and cannot be delegated by him to any other person or be exercised by any one else on his behalf. Further, the power to remove a nominated member under sub -para. (6 -A) of paragraph 2 vests not in the State Government, but in the Governor in his discretion and, accordingly, if the matter is not submitted to the Governor for his order, such order will not be a valid one.;
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