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may 2019

Supreme Court of India · 2019-05-01

Seema Sarkar vs Executive Officer

Citation / case number
AIR 2019 SUPREME COURT 5697
Court
Supreme Court of India
Petitioner
Seema Sarkar
Respondent
Executive Officer
Author
A.M. Khanwilkar
Bench
Ajay Rastogi, A.M. Khanwilkar

Judgment text excerpt

The Supreme Court addressed the issue of whether a Member of Parliament (MP) representing the Union Territory of Andaman and Nicobar Islands can be included in the quorum for a no-confidence motion against the Pramukh of the Panchayat Samiti under the Andaman and Nicobar Islands (Panchayats) Regulation, 1994. The Court held that the MP, being an ex-officio member, does not have voting rights in such meetings and cannot be counted towards the quorum, thus affirming the decision of the Executive Officer to dissolve the meeting due to lack of quorum as per Section 107 of the Regulation. The Court dismissed the writ petition challenging the Executive Officer's decision, thereby upholding the procedural integrity of the Panchayat Samiti.

Seema Sarkar vs Executive Officer · Niyam