GEETA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The review applicant was the Pramukh of Little Andaman Panchayat Samity. One Dinabandhu Mondal, a member of the said Panchayat Samity, served a notice dated 5th April, 2004 expressing his intention to move a no confidence motion. The Executive Officer by his notice dated 7th April, 2004 convened a meeting of the members of the Panchayat Samity to consider the said no confidence motion. On 13th April, 2004 the Executive Officer postponed the said meeting till 22nd April, 2004, because of the ensuing Parliament Election. By another letter dated 15th April, 2004, the Executive Officer informed that the no confidence motion was moved on 15th April and the same was passed. The writ petitioner approached this Court. This Court stayed the said impugned resolution and directed the respondents to file affidavit, In a contempt proceeding Initiated in the earlier writ proceeding Maharaj Sinha, J. by an order dated 23rd July, 2004 set aside the said resolution and permitted the Samity to proceed strictly in a accordance with the rules.

(2.) The said Shri Mondal gave a further notice of no confidence on 26th July, 2004. The Executive Officer by a notice dated 27th July, 2004 convened a special meeting of the Samity to consider the no confidence motion on 3rd August, 2004. The said notice gave rise to the present writ proceeding. The petitioner challenged the said notice principally on the ground that seven days' notice stipulated in Rule 21 had not been given.

(3.) Jayanta Kumar Biswas, J. by His Lordship's Judgment and order dated August 3, 2004 dismissed the writ application inter alia holding that Rule 21 obligated the Executive Officer to convene a meeting of the Samity within 15 days front the date of moving of the notice. It further stipulated that no meeting, could be called before expiry of seven days from the date of moving of the motion,