UMAIBAN Vs. DIRECTOR OF PANCHAYATHS

JUDGEMENT

(1.) 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 Reg. 21(1)(c) of the Lakshadweep Panchayats Regulation, 1994, respondents 4 to 6 have ceased to become the members of the Panchayat. 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 Vice Chairperson and the Executive Officer of the Panchayat. A copy of the no confidence motion was submitted to the Director of Panchayats of Kavaratti island also. On receipt of a copy of the notice of no confidence motion, the Director of Panchayats, issued Ext. P2 communication to the Executive Officer of the Panchayat, directing him to take further action on the notice of no confidence motion in accordance with Reg. 29 of the Lakshadweep Panchayats Regulation, 1994 ('the Regulation', for short) and R. 12 of the Lakshadweep Panchayats Business Rules, 1997('the Rules', for short). In the mean while, on 18.6.2014, the Executive Officer of the Panchayat placed the no confidence motion before the first petitioner, the Chairperson of the Panchayat and she has directed the Executive Officer to convene a meeting of the Panchayat on 2.7.2014 to consider the no confidence motion. Accordingly, Ext. P3 notice was issued to the members of the Panchayat by the Executive Officer of the Panchayat.

(2.) After having issued the notice for convening the meeting to consider the no confidence motion on 2.7.2014, the Executive Officer of the Panchayat issued Ext. P4 communication to the Director of Panchayats stating that respondents 4 to 6 have absented themselves for more than three consecutive meetings of the Panchayat and consequently they ceased to be the members of the Panchayat in view of the provision in Reg. 21(1)(c). As per Ext. P4, the Executive Officer of the Panchayat requested the Director to take appropriate action in the matter. In Ext. P4 communication, the dates on which the above respondents have consecutively absented from the meetings of the Panchayat were also mentioned. Ext. P4 communication was sent by the Executive Officer to the Director of Panchayats on 24.6.2014. Thereupon, on 1.7.2014, the Executive Officer of the Panchayat issued Ext. P5 notice to all the members stating that the meeting scheduled as per Ext. P3 notice stands cancelled as it was found that the fifth respondent who has given the notice of no confidence motion ceased to be a member of the Panchayat. In the meanwhile, in response to Ext. P4 communication sent by the Executive Officer, the Director of Panchayats sent Ext. P7 communication to the Executive Officer stating that the matter of cessation of membership of the members has been examined by him and that since the members have resumed/participated in the subsequent meetings of the Panchayat, it is deemed that their absence has been condoned. As per Ext. P7, the Director of Panchayats has also directed the Executive Officer to make sure that the meeting proposed on 2.7.2014 is conducted in accordance with the provisions contained in the Regulation and the Rules.

(3.) Pursuant to Ext. P7 communication, Ext. P8 notice was issued by the Vice Chairperson of the Panchayat to all the members of the Panchayat informing them that the no confidence motion will be considered in the meeting proposed on 2.7.2014 itself. Pursuant to Ext. P8 notice, a meeting of the Panchayat was held on 2.7.2014 under the Chairmanship of the fourth respondent and the no confidence motion against the first petitioner was passed in the said meeting on a simple majority of six votes against five votes.