ABDUL ISLAM Vs. ANDAMAN AND NICOBAR ADMINISTRATION

JUDGEMENT

(1.) The appeal is directed against the order dated March 19, 2024 passed in WPA/192 of 2024.

(2.) By consent of the parties, the appeal is treated as on day's list and taken up for final hearing.

(3.) Learned advocate appearing for the appellant submits that the appellant is a member of the Port Blair Municipal Council. He draws the attention of this Court to the Andaman and Nicobar Islands (Municipal) Regulation, 1994. He submits that, under Regulation 14, the Municipality is required, as soon as may be after its constitution, at a special meeting, elect one of its member, from among themselves, to be the Chairperson of the Municipality. Sub Regulation (2) of the Regulation 14 provides the terms of office of a Chairperson shall be one year from the date of his election or the residue of the term of the Municipality, whichever is less. He submits that, the Chairperson was appointed initially till March 14, 2023 prior to the expiry of the period of one year, appropriate proceedings were taken for the purpose of appointment of a Chairperson. The term of the Chairperson so appointed, expired on March 14, 2024. The appellant approached the writ Court immediately on March 15, 2024 for the purpose of requiring the Administration to take up appropriate steps for the purpose of convening a special meeting to elect the Chairperson of the Municipality. He submits that, the learned Judge, erred in not allowing such relief in view of the model code of conduct. He submits that the model code of conduct does not impede the holding of such meeting.