I.P.MUKERJI, J. - (1.) The impugned order/decision is dated 2nd January, 2017 of the Executive Officer, Panchayat Samiti, Little Andaman. There was a no confidence motion against the Pramukh of the Panchayat Samiti. It was scheduled to be held on 2nd January, 2017. The Samiti consisted of six members including a member of Parliament. At the scheduled time of the meeting only three members were present. The said officer conducting the meeting held that the quorum requirement of 2 of 3rd of the members under Rule 9(3) of the Andaman and Nicobar Island (Panchayat Administration Rules, 1997), i.e. four members had not been fulfilled. The meeting was 'dissolved'.
(2.) Ms. Nag appearing for the petitioner makes several important submissions.
(3.) She says that under section 107(3)(b) of the Andaman and Nicobar Islands (Panchayats) Regulation, 1994 a member of Parliament is a member of the Samiti. However, under Regulation 112 the Pramukh has to be elected from amongst the elected members of the Panchayat Samiti, which does not include the member of Parliament. Thereafter she refers to regulation 117 which lays down that a motion of no confidence may be moved by any member of the Panchayat Samity against the Pramukh. The motion, to succeed is to be carried by a majority of not less than 2 of 3rd of total number of members of the Panchayat Samiti. She submits that since the Pramukh is elected by the Samiti without the presence of a non elected member being the member of Parliament, the removal should also follow the same rule. Therefore the number of members of the Samiti entitled to vote was five. 2 of 3rd of the membership would be 3.3. Under rule 10(2) of the 1997 Rules in determining a quorum, a fraction of one half and above is to be counted as 1 and a fraction of less than vi shall be ignored. Therefore if arithmetically 2 of 3rd majority works out to be 3.3 it is to be taken as 3. Therefore not less than 2 of 3rd would have to be taken as 3 or more than 3 members. Since three members were present, according to Ms. Nag, there was quorum and the meeting ought not have been 'dissolved'.;