Anita Mondal And Another v. The Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/98/2022 Anita Mondal and Another ... Petitioners Vs.

The Lieutenant Governor and Others ... Respondents Mr.Bhaskar Prasad Banerjee Mr.Maheshwar Lall ... for the petitioners Mr. Salim Mohammed Ms.Yasmeen Begum ... for the Administration April 20, 2022 [GNC] Item No.1 The writ petition arises out of a challenge to a notice issued by the Executive Officer, Panchayat Samity, by which a special meeting of the Panchayat Samity with regard to the no confidence motion against the Pramukh and Up-Pramukh of Panchayat Samity of Little Andaman had been fixed on April 14, 2022 at different times.

The challenges to the said notice were on the ground that the no confidence motion was brought in an unethical manner. The said no confidence could not have been brought within two days from the date of election of the Pramukh and Up-Pramukh as the Regulation 121 (3) provided that no resolution of the Panchayat Samity could be modified, varied or cancelled within a period of three months. The petitioners submit that they were elected by a resolution and such resolution could not be varied within three months.

It is submitted that the meeting was not held on April 14, 2022.

It is submitted that the next date for the special meeting has been fixed on April 22, 2022 by a subsequent notice dated April 18, 2022.

The notice dated April 11, 2022 has not been acted upon. Thus, the prayers in this writ petition does not survive. The subsequent notice has given rise to a new cause of action. All the points raised in the writ petition can be raised by a subsequent writ petition and the petitioners will be at liberty to challenge the subsequent notice by filing a subsequent writ petition in accordance with law. All points are kept open. The writ petition stands disposed of.

Parities are directed to act on server copy of this order. (Shampa Sarkar, J.)