A SELVARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above public interest writ petition (hereinafter referred to as PIL) has been initiated by the petitioner for the following reliefs: -

(2.) THE fact gives rise to filing of the instant application is short and the same is set out briefly as follows:-The A and N Islands originally had two Districts, namely, Andaman and nicobar. Thereafter on or about 25th May, 2006 the Administrator namely the Lieutenant Governor, respondent No. 3 herein with the approval of the government of India, Ministry of Home Affairs, bifurcated the Andaman district into two with renaming, i. e. South Andaman and North and Middle andaman having headquarters at Port Blair and Mayabunder respectively. In view of bifurcation, the people of the newly formed District viz. North and middle Andaman were demanding creation of separate Zilla Parishad. After deliberation and discussion made, the Lieutenant Governor, under the provisions of section 144 of the A and N Islands (Panchayats) Regulation, 1994 (No. 1 of 1994) (hereinafter referred to as the said Regulation) by a notification published on 19th March, 2007 in the A and N Gazette created one more Zilla parishad in view of bifurcation of the original Andaman District. In view of the notification dated 19th March, 2007 the name of the Zilla Parishad was changed and amended. One is termed as South Andaman having its headquarters at Port Blair and another one is termed as North and Middle andaman having its headquarters at Mayabunder. The Zilla Parishad for south Andaman District comprises of four Panchayat Samities namely prothrapur, Ferrargunj, Little Andaman and Campbell Bay; whereas Zilla parishad for North and Middle Andaman District comprises of Diglipur, mayabunder and Ranghat. By the said notification it was mentioned that this creation of new Zilla Parishad would come into force with effect from 1st April, 2007. As many as 15 members will constitute newly formed Zilla Parishad for North and Middle Andaman District. With this notification the long standing demand of the people of that area was fulfilled and to achieve this purpose duly elected people representative including the Member of Parliament and other members of Zilla Parishad supported and approved the same. These facts are admitted. Dispute started when the impugned notification dated 30th March, 2007 was issued by the respondent No. 3 whereby and whereunder paragraph 3 of the earlier notification, whereby the date of commencement was mentioned as 1st April, 2007, is sought to be modified. In the latter notification it is said that the notification shall come into force on such date as may be specified by the order of the Administrator. Therefore, the true purport and meaning of the notification under challenge is to keep functioning of another Zilla Parishad for the newly formed District in abeyance indefinitely.

(3.) WHEN the matter came up for hearing for the first time on 5th July, 2007 direction for filing affidavit was given and at that stage maintainability point was not raised. After having several extension of time for filing affidavit, the respondent Nos. 3 to 7 filed affidavit-in-opposition on 16th August, 2007. On 25th September, 2007 the learned advocate for the respondent Nos. 1 and 2 made appearance and sought for direction for filing affidavit. So time was granted to file affidavit, on that date the learned advocate for the petitioner prayed for interim order in terms of prayer (E) to the writ petition. However, such prayer was not granted. On that date also question of maintainability and locus standi were not taken by the respondents. Inspite of the direction given by the Court the respondent Nos. 1 and 2 did not file any affidavit-in-opposition and the matter came up for hearing on 9th October, 2007 and extension for filing affidavit-in-opposition was asked for by the learned counsel for respondent Nos. 1 and 2. This Court did not grant such extension as in the previous order dated 25th September, 2007 there was a direction for filing affidavit by the respondent Nos. 1 and 2 positively within a period of two weeks from the date of passing of the order.