SANDEEP RAI SHARMA Vs. LIEUTENANT GOVERNOR

JUDGEMENT

(1.) The appeal and the connected stay application both were taken up together for final hearing and it was heard on several dates.

(2.) This present appeal being MAT No. 38 of 2006 has been preferred by one Shri Sudip Rai Sharma, Councillor of Ward No. 7 of Port Blair Municipal Council (hereinafter referred to as 'said Council' for brevity), Port Blair, A&N islands assailing the Judgment and order dated 17.11.2006 passed by D.P.Sengupta, J. in WP No. 20034(W) of 2006 whereby and whereunder the writ application was allowed by quashing and setting aside the impugned order in the writ application dated 19.8.2006 passed by the Administrator, A&N Islands disqualifying the writ petitioners who are respondent Nos. 1 to 4 in this appeal, on taking a decision under Regulation 12(4) of the Andaman and Nicobar Islands(Municipal) Regulation, 1994 (hereinafter referred to as 'said Regulation' for brevity).

(3.) The present appellant was one of the elected councillor of the said Council. The learned Trial Judge allowed the writ application on the premises that since under the Regulation 203 of the said Regulation there was no prescribed form relating to the submission of the declaration of assets of the elected Councillors in terms of the Regulation 21(1) of the said Regulation and as there was a discrimination in the decision of disqualification by pick and choose policy though many other Councillors defaulted to submit the declaration of assets within the period of 30 days from the date of taking oath or affirmation in terms of Regulation 21(1) of the said Regulation.