NDLI: Seema Sarkar Vs. Executive Officer and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India rr. 9 Interpretation of statutes Panchayat Andaman and Nicobar Islands (Panchayats Administration) Rules 1997 Inclusion or exclusion of the Member of the House of Parliament (MP 21 Art.243C
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Panchayat: Inclusion or exclusion of the Member of the House of Parliament (MP) representing the Union Territory of Andaman and Nicobar Islands, who is also an ex-officio member of the Panchayat Samiti, for reckoning the quorum of a special meeting regarding motion of no confidence against the Pramukh of the Little Andaman Panchayat Samiti – Held: The quorum of the special meeting ought to be of not less than two-thirds of the “total number of membership of the Panchayat Samiti” which includes all the members of the Panchayat Samiti - be it directly elected or ex-officio members, as the case may be – A conjoint reading of s.117, r.9(3)(b) and also r.21 of the Rules shows that they, in no way, exclude any member of the Panchayat Samiti much less the members referred to in s.107(3) of the Regulation – Not even by necessary implication – If the legislature had intended to exclude the latter category from the process of ‘No Confidence Motion’, it would have expressly limited it to only the elected members of the Panchayat Samiti, as is done at the stage of election of the chairperson – Whereas, the provision makes it incumbent that not less than two-thirds of the “total number” of members of the Panchayat Samiti must participate and vote – This is the legislative intent which cannot be whittled down by some overstretched interpretative process including by relying on the common law principle that only the body of persons, who had elected the Pramukh or Up-Pramukh, alone can initiate such a process – Thus, the Member of the House of Parliament (MP) being the member of the Samiti is entitled to participate in the special meeting to consider a ‘No Confidence Motion’ and also vote on that motion – Andaman and Nicobar Islands (Panchayats) Regulation, 1994 – ss.107, 117 – Andaman and Nicobar Islands (Panchayats Administration) Rules 1997 – rr. 9, 21 – Interpretation of statutes – Constitution of India – Art.243C.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 612
Petitioner	Seema Sarkar
Respondent	Executive Officer And Ors.
SCR	[2019] 8 S.C.R. 151
Judgement Date	2019-05-01
Case Number	4547

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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Seema Sarkar Vs. Executive Officer and Ors.

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The Andaman and Nicobar Islands Panchayats Regulation 1994

The andaman and nicobar islands administration regulation 1979

The Article 240 of constitution

The Andaman and Nicobar Islands Municipal Regulation 1994

The andaman and nicobar islands excise regulati0n, 2012

The Andaman and Nicobar Islands Marine Fishing Regulation, 2003

The ANDAMAN & NICOBAR ISLANDS TOWN &COUNTRY PLANNING REGULATION,1994

The andaman and nicobar islands money lenders regulation 1956

The andaman and nicobar islands juvenile smoking regulation 1955

Seema Sarkar Vs. Executive Officer and Ors.

Seema Sarkar Vs. Executive Officer and Ors.

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Seema Sarkar Vs. Executive Officer and Ors.