SEEMA SARKAR versus EXECUTIVE OFFICER AND ORS.

Citation: [2019] 8 S.C.R. 151 · Decided: 01-05-2019 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Appeal(s) allowed

cites 6 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
151
SEEMA SARKAR
v.
EXECUTIVE OFFICER AND ORS.
(Civil Appeal No.4547 of 2019)
MAY 01, 2019
          [A.M. KHANWILKAR AND AJAY RASTOGI, JJ.]
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.
[2019]  8 S.C.R. 151
    151
A
B
C
D
E
F
G
H
152
SUPREME COURT REPORTS
[2019] 8 S.C.R.
Allowing the appeal, the Court
HELD:  1.  The composition of intermediate level Panchayat
can be culled out from Article 243C. Clause (1) makes it amply
clear that the legislature of a State is free to make a law with
respect to the composition of Panchayat subject to the provi-
sions of Part-IX of the Constitution.  Clause (2) of the Article
243C makes it clear that all the seats in the Panchayat shall be
filled up by persons chosen by direct election from the territorial
constituencies in the Panchayat area. Clause (3) of the Article is
an enabling clause permitting the legislature of a State to make a
law to provide for the representation of other persons who are
not directly elected from the territorial constituencies in the
Panchayat area. Clause (4) deals with the right to vote in the
meetings of the chairperson of a Panchayat or other members of
the Panchayat whether or not chosen by direct election from the
territorial constituencies in the Panchayat area. Clause (5) deals
with the manner in which the chairperson of a Panchayat is elected
at the village level, intermediate level or district level, as the
case may be. [Para 12] [167-E-H; 168-A]
2.  The chairperson of a Panchayat at intermediate level is
required to be elected by, and from amongst, the elected
members thereof. There is marked distinction between the
member of the Panchayat chosen by direct election from the
territorial constituencies in the Panchayat area referred to in
clause (2) via-a-vis other persons referred to in sub-clauses (a)
to (d) of clause (3) of Article 243C, who may also represent as
per the law made by the State Legislature. Thus understood, there
is little doubt that the election of chairperson is by the former
category of the members of the Panchayat, namely, directly elected
from the territorial constituencies in the Panchayat area and one
from amongst them is then elected as a chairperson. There is no
express provision in the Constitution dealing with the removal
of a chairperson of the Panchayat Samiti. However, a law on the
said subject is already in place in the form of the Regulation as
also the Rules concerning Panchayat administration. The
Constitution itself enables the State Legislature to make a law
on the subject of composition of Panchayats, including regarding
A
B
C
D
E
F
G
H

Excerpt shown. Read the full judgment & AI analysis in Lexace.