The Gauhati High Court disposed of a Public Interest Litigation (PIL) filed being aggrieved by the constitution of a construction committee as per the Notification dated 12.06.2023 of the Deputy Commissioner Karimganj.
The petitioners are aggrieved to the extent that the Member Secretary-cum Technical Member Abdul Laise Mazumder, Assistant Engineer is not eligible to be appointed as the Member Secretary, in view of the guidelines under the name Asom Adarsha Gram Yojana, wherein the constitution of the committee is prescribed under Clause IV.7.
As per Clause IV.7 the Member Secretary should be either a school teacher or any government servant living in the village. It is stated that Abdul Laize Mazumder is not living in the village concerned and, therefore, it is claimed that although he can be appointed as a technical member, but he cannot be appointed as a member secretary.
Being aggrieved, the petitioners have submitted a representation dated 19.06.2023 before the Deputy Commissioner, Karimganj.
As the representation is submitted only on 19.06.2023 and the writ petition is moved on 30.06.2023, the High Court requires the Deputy Commissioner Karimganj to take note of the representation and pass a reasoned order in accordance with law.
The Deputy Commissioner, Karimganj may pass a reasoned order within 15 days from the date of receipt of the certified copy of this order, the Court directed.
The Division Bench of Justice Achintya Malla Bujor Barua and Justice Devashis Baruah clarified that it has not given any observation on the merit of the claim of the petitioners and it is for the Deputy Commissioner to pass any appropriate order as per its merit.