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Assam: Court stays election of Atul Bora as AGP president

court issued summon along with Keshab Mahanta, Phani Bhusan Choudhury and others. for violating court’s stay order.

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Guwahati-  A civil court in Guwahati has stayed last month’s election of Assam agriculture minister Atul Bora as the president of Asom Gana Parishad (AGP), a member of the ruling coalition, for violating an earlier order issued by the court.

The Court was of the view that inspite of receiving the stay order of the Court through Whatsapp on 26.08.2020 by them and inspite of having information of the stay order dated 26.08.2020 through News Papers and News Channels of Assam upon the Opposite Parties, they showed complete disregard to the Stay Order and proceeded with the meeting violating the Court’s Order as well as Covid Protocol.

Previously on a suit filed filed by Girin Talukdar, Jiten Deka and Hemen Lahkar the Civil Court passed a restraining order for the AGP Meeting dated 27.8.2020 stating, “The meeting is out and out illegal as it is against the constitution of AGP as well as against the COVID protocol”. The meeting violates the clause 26 of the constitution of AGP and the notification issued by the state government through State Disaster Management Department.

Despite the aforesaid Order, the AGP held the meeting on 27.8.2020 and Shri Atul Bora was elected as the Party President. Surprisingly the meeting was completed within 45 minutes and no covid protocol was followed as apprehended.

Against such action another application was filed against the violators which included President Atul Bora, Vice President Keshab Mahanta, Phani Bhushan Choudhury, and others. The Application was argued by Senior Advocate Dilip Choudhury who also represented the applicants on 26.8.2020 when Stay Order was passed.

The Civil Judge No. 3, Justice Shakti Sharma, after hearing, is of the considered opinion that there is a violation of Court’s Order and in the interest of justice AGP should refrain from giving effect to all the resolutions passed in the meeting held on 27.08.2020 which shall also include election of Atul Bora as President, for being made in alleged violation of injunction order and they should also preserve the attendance register and proceeding book of the meeting dated

27.08.2020, CCTV footage of AGP office and photograph of congregation for adjudication of this case. The Courts also issued summon to the violators which also includes President Atul Bora, Vice President Keshab Mahanta, Phani Bhushan Choudhury.

The Court has observed that if civilization is to survive, then Rule of Law is to be respected. The respect for Rule of Law is necessary for maintaining and strengthening the basic structure of our Constitution.

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