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2019 Supreme(SC) 522

A.M.KHANWILKAR, AJAY RASTOGI
Seema Sarkar – Appellant
Versus
Executive Officer – Respondent


Advocates Appeared:
For the Appellant :Mr. Purushaindra Kaurav, Sr. Advocate, Mr. Nachiketa Joshi, Advocate, Mr. Aniket Seth, Advocate, Ms. Anuradha Mishra, Advocate, Ms. Sucheta Joshi, Advocate, Mr. M. Asad Khand, Advocate and Mr. Ayush Anand, Advocate
For the Respondent:Mr. R. Chandrachud, Advocate, Mr. Mirnal Kanthi Mondal, Advocate, Mr. K.V. Jagdishvaran, Advocate and Ms. G. Indira, Advocate

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 t


























































































































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