- (1.)Both the writ petitions were taken up together with the consent of learned counsel of both sides. Both the writ petitioners, been disqualified as Member of Noorpur Gram Panchayat under Gournagar R.D. Block, Kailashahar, North Tripura, filed separate writ petitions challenging the order of disqualification against the same set of respondents on same and identical question of facts and laws, and hence, this single judgment/order shall govern both the cases.
(2.)I have heard learned counsel, Mr. N. Das and learned counsel, Mr. A. Nandi for the petitioners of both the writ petitions, and learned Addl. G.A., MRs. A.S. Lodh for respondent Nos.1 to 4, learned counsel, Mr. J. Majumder for respondent No. 5, learned counsels, Mr. P.K. Biswas, Mr. Somik Deb, Mr. H.K. Bhowmik, Mr. S. Lodh and Mr. M.K. Biswas for respondent Nos.6 and 10 to 13. None appeared for respondent Nos.7 to 9. Each of the writ petitioners made the other writ petitioner as respondent No. 14 in their respective writ petition.
(3.)The petitioners, inter alia, stated that Election to the Noorpur Gram Panchayats was held on 23.07.2009 and the petitioners as well as the respondent Nos.10 to 13 were set up as candidates sponsored by the Indian National Congress (INC) and they won the election as Member of the Panchayat. Rspdt. Nos.7, 8 and 9 were sponsored by rival political party and they also won the election. Noorpur Gram Panchayat(for short G.P.) consisted of 9(nine) membeRs. They took oath as Member of Panchayat on 06.08.2009, and thereafter, Rspdt. Nos.10 and 11 were elected/appointed as Pradhan and Upa-Pradhan of the said Panchayat as per provisions prescribed in The Tripura Panchayats(Election of Office Bearers) Rules, 1994(hereinafter mentioned as the Rules of 1994). The said Pradhan and Upa-Pradhan (Rspdt Nos.10 and 11) were indulged in illegal activities and financial corruption, and therefore, the petitioners along with Rspdt. Nos.7 to 9 issued notice under Section 23(2) of The Tripura Panchayats Act, 1993 (hereinafter mentioned as the Act of 1993) on 14.05.2010 for removal of Pradhan and Upa-Pradhan and on receipt of that notice (Annexure-4 to the writ petitions), Rspdt. No. 3, being the prescribed authority, issued notice dated 18.05.2010 calling for a special meeting to be held on 08.06.2010, and accordingly, meeting was held on 08.06.2010 at 10.30 AM in the office of Noorpur Gram Panchayat. The meeting was presided over by Rspdt. No. 5. In the meeting all the nine members were present and after detailed discussions, the no confidence motion against Pradhan and Upa-Pradhan for their removal was put to vote, whereupon the petitioners and Rspdt. Nos.7 to 9 voted in favour of the motion and the Rspdt. Nos.10 to 13 voted against the motion, and the motion was accordingly passed and consequence thereupon Rspdt. Nos.10 and 11 were removed from the posts of Pradhan and Upa-Pradhan by Memo. dated 11.06.2010 (Annexure-6 to the writ petitions). It was stated that no whip was issued by the INC and nothing was mentioned in the meeting held on 08.06.2010 by Rspdt. No. 5 regarding any such whip issued by INC. The petitioners requested Rspdt. No. 3 for appointing temporary Pradhan and Upa-Pradhan, and Rspdt. No. 3 accordingly, wrote letter (Annexure-8 to the writ petitions) to Rspdt. No. 4 but Rspdt. No. 4 without complying it, wrote a letter dated 22.06.2010 (Annexure-9 to the writ petitions) to Rspdt. No. 2, informing that the petitioners cast their votes in the no confidence motion violating the whip/direction issued by the INC party and that a report in Form 6A to that effect has been submitted referring the question of disqualification and Rspdt. No. 4, therefore, sought instructions from Rspdt. No. 2, who was the ultimate authority. It was alleged that writing such a letter, Rspdt. No. 4 violated direction issued by Rspdt. No. 3. It was also alleged that on 09.06.2010, after collection of a copy of whip (Annexure-12 to the writ petitions), the petitioners first came to know about the alleged whip issued by Rspdt. No. 6. It was further alleged that the Rspdt. No. 6 had no authority to issue such a whip and that the said whip was not brought to the notice of the petitioners on 08.06.2010, the date of meeting of no confidence motion, and therefore, Rspdt. No. 4 was not supposed to act upon any such whip. The petitioners were asked by notice, dated 22.06.2010 (Annexure-10 to the writ petitions) by the Rspdt. No. 4, to show cause on the basis of Annexure-12, the alleged whip issued by the Rspdt. No. 6, and in response to it the petitioners submitted their reply (Annexure-11), and thereafter, nothing was informed and the Rspdt. No. 4 again issued notice dated 15.07.2010 (Annexure-14 to the writ petitions), and thereafter, to their surprise, issued declaration in Form 6B (Annexure-17 to the writ petitions) declaring the petitioners disqualified as member of Noorpur G.P. under Section 16 of the Act of 1993. The show cause reply dated 20.07.2010 given by Rspdt. No. 4 (Annexure-19 to the writ petitions) was also received by them on the same date along with Annexure.17. The petitioners alleged that the Annexure-17 was illegal and violative of principles of natural justice, and therefore, prayed for setting aside and quashing the same in exercise of writ jurisdiction by this Court.