DR. NIRENDRA MOHAN GUHA Vs. STATE OF ASSAM AND ANOTHER

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution is directed against a notification dated 23rd June, 1971, issued by the Sub -divisional Officer (Executive), Goalpara, appointing 17th of August, 1971, as the date for holding a bye -election in respect of Ward No. VI of the Goalpara Municipal Board in consequence of death of one of the newly elected members. This bye -election was proposed under Section 31 of the Assam Municipal Act, 1956 (Assam Act XV of 1957), (briefly 'the Act').

(2.) THE petitioner is a rate -payer and voter of the Goalpara Municipal Board (briefly 'the Board'). There was a general election of the Board on 28th April, 1969 and out of 12 wards, there was election in 8 wards and the election in the remaining 4 wards, viz., Nos. II, III, VII and XII could not take place on account of stay order from the District Judge in connection with appeals against nomination under the Act. While the appeals were pending, ten members of the existing Board resigned. Thereupon, by a notification dated 4th November, 1969, the Governor of Assam superseded the Board for a period of one year or till the Board is reconstituted, whichever is earlier, with effect from the date of the notification under Section 298 of the Act. The notification may be set out:

(3.) THERE was yet another notification dated 22nd April, 1971 which may also be quoted: