VidhiSangh

Supreme Court of India · 01/05/2019

SEEMA SARKAR versus EXECUTIVE OFFICER AND ORS.

[2019] 8 S.C.R. 151 · 2019 INSC 612

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Union Territory’s MP, an ex-officio Panchayat Samiti member, counted towards the quorum and could participate and vote on a no-confidence motion under the governing Andaman and Nicobar scheme. Restricting election of the Pramukh to directly elected members did not impose the same restriction on removal. With six total members, four were required for quorum; attendance by only three justified dissolution. The subsequent removal and replacement election were invalid, and Seema Sarkar was restored.

Issues

  1. Whether the MP counted towards quorum and could vote on a no-confidence motion.
  2. Whether restrictions on electing the Pramukh also governed removal.
  3. Whether the consequential removal and replacement election could stand.

Provisions considered

Held

Result

Appeal allowed without costs. Division Bench judgment set aside and respondent 6’s writ petition dismissed. Executive Officer’s dissolution upheld; consequential steps invalidated. Appellant restored as Pramukh, with district administration to comply within one week of receipt and report to the Supreme Court Registry.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 151.