JUDGEMENT
ASHIM KUMAR BANERJEE, J. -
(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,;
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