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Thursday, February 19, 2009

Gauhati HC quashes MLA Bithika Dev’s appointment order


: Our Bureau
GUWAHATI/ SILCHAR, Feb 18: In a major setback for the State Government, the Gauhati High Court today quashed the appointment of MLA Bithika Dev as the administrator of the Silchar Municipal Board and asked the government to show how an elected MLA could be appointed for that post.

Dev had held the office of Chairperson of the Silchar Municipal Board for a period of five years and her term expired on February 7. However, the Asom Government had once again appointed her as the administrator of the board.

The State Government’s decision to appoint Dev was challenged by three citizens of Silchar, who had filed a writ petition before the Gauhati High Court. The petitioners are Bimalendu Roy, Dhiraj Dev Choudhury and Srikant Das. Hearing the petition, a Division Bench of the High Court, comprising Chief Justice J Chelameswar and Justice AC Upadhaya, today suspended the appointment of Bithika Dev.

Passing its judgement, the Division Bench of the High Court said, “The court is pleased to direct the government to clarify if any MLA appointed as an administrator or chairman can hold an office of profit”. It called upon the Advocate General of Asom to make an appearance in the case.
There had been widespread protests against the appointment of Bithika Dev as the administrator of the Silchar Municipal Board. The Silchar Mandal Committee of the BJP, in particular, has been demonstrating against the order of the State Government before the Municipal Board with all its members and supporters. BJP Mandal Committee president Ramapada Das had described the order to retain Bithika Dev as the administrator as “highly illegal, undemocratic and unconstitutional”.

Hailing the High Court’s judgement, former MLA Bimolangshu Roy said, “The verdict has vindicated the demand of the citizens of this town who have been clamouring for better civic services and an end to misrule and mismanagement”. Demanding a CBI probe to look into allegations of corruption against the previous board, Roy pressed for early elections so that citizens could exercise their franchise and elect a new body which would work for better civic services.

The court also directed the State Government counsel to apprise the Bench about the funds being sanctioned by the government for holding the elections. In another affidavit filed on behalf of the State Election Commission, it was alleged that no funds were provided by the government for holding general elections despite repeated requests from the election commission’s office. source: the sentinel assam

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