Banerjee, J. - (1.) The writ petitioner No. 1, who is the Chairman and the petitioner Nos. 2 and 3, who were elected members of Andaman & Nicobar Islands Municipal Board, Port Blair (hereinafter referred to as the Municipal Board) have moved the instant application, inter alia, praying for issue of a writ in the nature of Mandamus commanding the respondents to notify the election under Section 8(3) of the Andaman and Nicobar Islands (Municipal Boards) Regulation. 1957 (hereinafter referred to as the 1957 Regulation) and to extend the tenure of the members of the Municipal,Board till such election and not to impose proviso (in) of Section 8(1)(b) of the 1957 Regulation. It has also been prayed for permitting the petitioner No. 1 to act as the Chairman under the provisions of Section 13(5) of the 1957, Regulation.
(2.) It is contended by the petitioners in the writ petition that they were elected to the Municipal Board along with 8 others and a notification was issued by the respondent No. 1 the Lieutenant Governor in that regard on 9-5-90 and 26-4-1990.
(3.) The petitioner No 1 was elected as the Chairman of the Municipal Board which consists of 15 members out of which 11 are elected and four were nominated. Under Section 9(1) of the 1957 Regulation, the term of office of the elected members shall be four years and shall commence from the date of Notification of the election. But under Section 9(1A) of the 1957 Regulation, notwithstanding anything contained in sub-section (1) of Section 9. the Respondent No. 1, may if he is satisfied that in order to avoid administrative difficulty it is necessary to do so, by notification extend the term of office of the members as a whole by such period or periods not exceeding one year in the aggregate, as may be specified in the Notification.;