IMPORTANT POINT
Quorum of the special meeting requiring not less than two-thirds of the "total number of membership of the Panchayat Samiti" iincludes all the members of the Panchayat Samiti - directly elected or ex-officio members.

JUDGMENT

A.M. Khanwilkar, J.

Leave granted.

2. The conundrum in this appeal is about the inclusion or exclusion of the Member of the House of Parliament (for short "MP") representing the Union Territory of Andaman and Nicobar Islands, who is also an ex-officio member of the Panchayat Samiti, for reckoning the quorum of a special meeting regarding motion of no confidence against the Pramukh of the Little Andaman Panchayat Samiti (for short the "said Samiti") and also whether he/she can exercise his/her vote on the 'No Confidence Motion' within the meaning of the provisions of Andaman and Nicobar Islands (Panchayats) Regulation, 1994 (for short "Regulation") and the Andaman and Nicobar Islands (Panchayats Administration Rules) 1997 (for short "the Rules").

3. A 'No Confidence Motion' dated 19th December, 2007 was moved by respondent No. 6 against the appellant (Pramukh of the said Samiti). The said Samiti consisted of six members i.e. five directly elected members from territorial constituencies in the Panchayat area and one MP representing the Union Territory. A meeting for discussion of the 'No Confidence Motion' was scheduled on 2nd January, 2017 at 3.00 PM in the Conference Hall of the Panchayat Samiti. That notice was duly served to all the members. But only 3 elected members remained present at the scheduled time (3.00 PM) and place of the meeting. As the quorum was not complete, the members waited upto one hour i.e. upto 4.00 PM. Eventually, the meeting came to be dissolved by the Executive Officer for want of quorum of four members, in view of Section 107 of the Regulation. The Executive Officer issued communication in that behalf on 2nd July, 2017 which reads thus:

"No.3-131/PS/HB/2016-17/535

OFFICE OF THE PANCHAYAT SAMITY

HUT BAY, LITTLE ANDAMAN

**************

Hut Bay dated the 2nd Jan. 2017

To,

The Deputy Commissioner, South Andaman, Port Blair.

Sub: Report on No Confidence Motion against Smt. Sima Sarkar, Pramukh, Panchayat Samiti, Little Andaman-Reg.

Sir,

The re-scheduled special meeting on No Confidence Motion was held on 02/01/2017 at 3:00 pm in the Conference hall of Panchayat Samiti. The notice was served to 5 elected members and a Member of Parliament, Andaman and Nicobar Administration. After serving notice to Member of Parliament as per Panchayat Regulation 1994 under chapter X at serial no. 107 the members of the Panchayat Samiti, Hut Bay become six and 2/3rd majority is 4.

The meeting was fixed at 3:00 pm and waited upto 1 hour i.e., upto 4:00 pm but only 3 members were attended but to fulfill Quorum 4 member is must hence for want of Quorum meeting dissolved.

The extract of proceeding of the meeting is enclosed herewith for your kind reference. Encl: A/A

Yours Faithfully

Executive Officer

Panchayat Samiti

Little Andaman"

4. The respondent No.6 assailed the said decision by way of Writ Petition No. 14 of 2017 before the High Court at Calcutta, Civil Appellate Jurisdiction, Circuit Bench at Port Blair. Respondent No. 6 asserted that the MP had no right to participate in the special meeting regarding a 'No Confidence Motion' nor was he entitled to vote thereat. Respondent No. 6 prayed for the following reliefs in the said writ petition:

"In the fact and circumstance mentioned herein above, your petitioner respectfully prays that YOUR LORDSHIP may be graciously pleased to issue:-

A. A writ in the nature of certiorari quashing the proceedings dated 02.01.2017 wherein the Executive Officer, Panchayat Samiti, Little Andaman dated held that quorum required is four members and as such no confidence motion not be proceeded.

B. A writ in the Mandamus directing the respondent no. 1 to call for a meeting of moving the no confidence against the private respondent no.1 and further direct the Up-Pramukh i.e. the respondent no.4 to preside over the meeting to complete the process without casting to vote in the said meeting.

C. A writ in the nature of the Certiorari directing the respondent authorities to transmit the case records before this Hon'b