Page No.# 1/4 GAHC010224262024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5590/2024 SUMOD PORBOSA S/O- LATE RAMESWAR PORBOSA, VILL.- PRASADIMDIK, DIST.- DIMA HASAO, ASSAM, PIN- 788831 VERSUS THE DIMA HASAO AUTONOMOUS COUNCIL AND 2 ORS REPRESENTED BY ITS PRINCIPAL SECRETARY (N) HAFLONG, DIMA HASAO, ASSAM 2:THE ADDITIONAL SECRETARY REVENUE DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DIMA HASAO ASSAM 3:JOYMONTO HOJAI S/O- LATE NORGEN HOJAI VILL- PRASADIMDIK DIST.- DIMA HASAO ASSAM PIN- 78883 Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : SC, N C HILLS, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 23.05.2025 Heard Mr. J. Laskar, learned counsel for the petitioner and also heard Mr. C. Sarma, learned Standing Counsel N.C. Hills appearing for the respondents. Since pleadings are complete, the matter is taken up for disposal at this stage with the consent of the parties. [2.] It is the case of the petitioner that he was appointed as Gaon Burah of Prasadimdik village under Wajao Mouza of Dima Hasao vide order dated 04.07.2024 (Annexure - A). However, a complaint was submitted against the petitioner allegedly by the villagers of Prasadimdik on 14.07.2024 to the Revenue Secretary, Dima Hasao Autonomous District Council. The said authority then directed an enquiry to be held by the Lot Patowari in-charge Khepre, Dima Hasao vide communication dated 15.07.2024. Enquiry was accordingly held by the said designated authority on the same day and he submitted his report back to the Addl. Secretary, Revenue. Following the report, the petitioner came to be removed from the post of Gaon Burah and in his place, one Sh. Joymonto Hojai (respondent No. 3) has been appointed. It may be stated herein that despite service of notice, respondent No. 3 has not appeared. [3.] The learned counsel for the petitioner submits that following the alleged Page No.# 3/4 complaint on 14.07.2024, an enquiry was directed to be made the next day on 15.07.2024 and enquiry was completed on the same day despite the fact that the Prasadimdik village is located at an interior place. The same only speaks of the arbitrariness and premeditation of the authority concerned to remove the petitioner from the post of Gaon Burah. The learned counsel thus submits that there is clear violation of the principles of natural justice and the impugned order dated 15.07.2024 should be set aside. [4.] Per contra, learned Standing Counsel, N.C Hills submits that Gaoon Burah are elected by the villagers and in the instant case, a majority of the villagers had chosen the respondent No. 3 and therefore, he being the choice of the people, his appointment should not be interfered with having regard to the report that was made by the Lot Patowari in-charge, Khepre. [5.] It is seen that a general meeting was held by the villagers on 1307.2024 in which it was resolved that the respondent No. 3 should be appointed as Gaon Burah. The meeting resolution which is annexed as Annexure – 1 to the affidavit- in-opposition shows that the respondent No. 3 has signed the proceeding as the Gaon Burah of Prasadimdik village, Dima Hasao while is appointment had been issued subsequently only on 16.07.2024. Be that as it may, it appears that the petitioner has not been given an opportunity of hearing prior to his removal from the post of Gaon Burah since the enquiry appears to have been conducted the very Page No.# 4/4 same day on which, the Addl. Secretary, Revenue had communicated to the Lot Patowari in-charge, Khepre. [6.] Under the circumstance, there being violation of principles of natural justice, the impugned order dated 16.07.2024 is found to be unsustainable and accordingly set aside. However, setting aside of the impugned order dated 16.07.2024 would not mean an automatic reinstatement of the petitioner as Gaon Burah. The Addl. Secretary, Revenue shall afford the petitioner the opportunity of hearing and thereafter take a decision in the matter. The entire process shall be done within a period of three (3) weeks from the date of receipt of a certified copy of this Order. [7.] Writ petition accordingly stands disposed of. JUDGE Comparing Assistant