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2014 Supreme(Ker) 738

P.B.SURESH KUMAR
UMAIBAN U. P. CHAIR PERSON – Appellant
Versus
DIRECTOR OF PANCHAYATHS – Respondent


Advocates Appeared:
For the Petitioner: SRI.K.B.GANGESH
For the Respondent:R4-R6 & R8 BY ADV. SRI.LAL K.JOSEPH, R4-R6 & R8 BY ADV. SRI.A.A.ZIYAD RAHMAN, R4-R6 & R8 BY ADV. SRI.V.S.SHIRAZ BAVA, R4-R6 & R8 BY ADV. SRI.JOSEPH KURIAN VALLAMATTAM, R1& R3 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN, R4 TOR6 BY ADV. SRI.T.KRISHNAN UNNI (SR.)

JUDGMENT :

Petitioners are members of the Village Dweep Panchayat of Kavaratti Island ('the Panchayat', for short) under the Union Territory of Lakshadweep. Among them, the first petitioner was the Chairperson of the Panchayat. The petitioners seek in this writ petition, a declaration that the no confidence motion moved by the fifth respondent against the first petitioner in the meeting of the Panchayat held on 2.7.2014 is null and void and that the first petitioner is entitled to continue as the Chairperson of the Panchayat. They also seek a declaration that in view of the provision in Regulation 21 (1)(c) of the Lakshadweep Panchayats Regulation, 1994, respondents 4 to 6 have ceased to become the members of the Panchayat.

2. The petitioners were elected as the members of the Panchayat during 2012 and the elected members of the Panchayat in turn elected the first petitioner as the Chairperson and the fourth respondent as the Vice Chairperson of the Panchayat. On 13.6.2014, the fifth respondent gave a notice of no confidence motion against the first petitioner. Ext.P1 is the notice of no confidence motion. Ext.P1 notice of no confidence motion was addressed to the Chairperson, the Vi














































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