High Court of KeralaSingle JudgeWrit petition allowed; the no-confidence motion...

W.P.(C) No.17138 of 2014 (N) — Umaiban U.P. Chair Person, Village Dweep Panchayat Kavaratti Island v. Director of Panchayats, Department of Panchayats, Union Territory of Lakshadweep, Kavaratti Island and others

Case / Petition Number:WP(C).No. 17138 of 2014

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.B. SURESH KUMAR
Judgment Date
2014-11-19
Court Decision / Holding
The meeting held on 2 July 2014 pursuant to Ext.P3 notice was invalid for lack of authority and improper convening under the Regulations and Rules. The no-confidence motion against the first petitioner is null and void, and the writ petition is allowed. The first petitioner continues as Chairperson of the Village Dweep Panchayat Kavarattti Island.
Final Disposition
Writ petition allowed; the no-confidence motion against the first petitioner is null and void; the petitioner's Chairpersonship is continued.

Parties to the Case

Appellants / Petitioners

  • Umaiban U.P. Chair Person, Village Dweep Panchayat Kavarattti Island
  • Mohammed Saleem P.M., Member, Ward No.2, Village Dweep Panchayat Kavarattti Island
  • Kamaludheen, Member, Ward No.10, Village Dweep Panchayat Kavarattti Island
  • Badarul Muneer M.P., Member, Ward No.9, Village Dweep Panchayat Kavarattti Island
  • Beefathumma U.P., Member, Ward No.11, Village Dweep Panchayat Kavarattti Island

Respondents

  • The Director of Panchayaths, Department of Panchayats, Union Territory of Lakshadweep, Kavarattti Island-682 555
  • The Executive Officer, Village Dweep Panchayat, Kavarattti Island-682 555
  • Union Territory of Lakshadweep represented by the Administrator, Kavarattti Island-682 555
  • K.I. Nizamudheen, Keela Illam House, Kavarattti Island-682 555
  • E.P. Anwer Sadique, Ekkar Palli House, Kavarattti Island-682 555
  • T.P. Abdul Razak, ThiriniPura House, Kavarattti Island-682 555
  • Ismathunnisa, Member, Ward No.3, Village Dweep Panchayat, Kavarattti Island-682 555
  • Asif Ali K., Member, Ward No.7, Village Dweep Panchayat, Kavarattti Island-682 555
  • Rasiya Beegam, Member, Ward No.8, Village Dweep Panchayat, Kavarattti Island-682 555

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri K.B. Gangesh

Counsels for Respondents

  • • Sri Lal K.Joseph
  • • Sri A.A.Ziyad Rahman
  • • Sri V.S.Shiraz Bava
  • • Sri Joseph Kurian Vallamattam
  • • Sri S. Radhakrishnan, S.C., Lakshadweep Admin
  • • Sri T. Krishnan Unni (Sr.)

Case Synopsis & Summary

The petitioners are members of the Village Dweep Panchayat, Kavaratti Island, Lakshadweep, including the Chairperson. They challenge a no-confidence motion against the first petitioner, moved by the fifth respondent on 13.6.2014 and purportedly considered on 2.7.2014, contending that the proceedings violated the Lakshadweep Panchayats Regulation, 1994 and the Lakshadweep Panchayats Rules, 1997. Central to the dispute is Regulation 21(1)(c), which provides that a member ceases to be a member if he absents himself for more than three consecutive meetings; Rule 12 and Rule 15 set out notice and convening requirements; Regulation 29(3) prescribes who may preside over a no-confidence meeting. The petition argues that Exts.P3 and P8 notices did not conform to the mandatory ten-day notice and other procedural safeguards, rendering the meetings invalid; further, the absence of proper service to certain respondents voids the cessation of membership claimed under Regulation 21. The Director of Panchayats and the Executive Officer’s roles are scrutinised, with the contention that a meeting convened by the Executive Officer (instead of the Vice Chairperson where appropriate) was not authorized. The Court examines precedents emphasizing strict compliance with procedural requirements and holds that the 2 July 2014 meeting was convened without authority, making the no-confidence motion null and void. The petition is allowed; the first petitioner remains Chairperson.

Provisions of Law Cited

Regulation 21(1)(c) Lakshadweep Panchayats Regulation, 1994Rule 12 Lakshadweep Panchayats Business Rules, 1997Rule 15 Lakshadweep Panchayats Rules, 1997Regulation 29(3) Lakshadweep Panchayats Regulation, 1994Section 29 Lakshadweep Panchayats Act/RegulationSection 12 Lakshadweep Panchayats Regulation, 1994Section 157(2) and 157(4) of the Lakshaddup Panchayats ActSection 54 Lakshadweep Panchayats Act

Legal Doctrines & Maxims

  • Taylor v. Taylor (1875) 1 Ch. D 426 — where a thing is required to be done in a prescribed manner, it must be done that way or not at all; strict adherence to procedure governs official actions.
  • Principle of strict compliance with prescribed statutory/Rule procedures in convening official meetings; where authority is exercised in a manner not authorized by law, the action is void.

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners contend that the no-confidence motion against the Chairperson was moved and the meeting convened in violation of the Lakshadweep Panchayats Regulation, 1994 and the Lakshadweep Panchayats Rules, 1997, particularly Regulation 21(1)(c) (automatic cessation on three consecutive absences), Rule 12, Rule 15 (ten-day notice), and Regulation 29(3)/Rule 12 regarding who must convene and preside. They emphasize that meetings not properly notified cannot trigger cessation or validity of a no-confidence motion; the absence of proper service to certain members and lack of authority in convening the meeting render Exts. P3/P4/P5/P8 invalid. They rely on precedents that defective notices void the proceedings and that the law requires meetings to be convened in the prescribed manner; hence the motion cannot stand.

Contentions of Respondents

Respondents contend the Director of Panchayats’ communications and the Executive Officer’s actions were proper under Regulation 29 and Rule 12. They argue that the absences and notices were adequately dealt with and, where necessary, condoned by subsequent actions. They maintain that the no-confidence motion was validly passed in a properly convened meeting and that deviations did not vitiate the proceedings. They rely on the statutory framework and administrative practice to justify convening the meeting and conducting the vote.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Taylor v. Taylor(1875) 1 Ch. D 426PositiveUsed to state that when authority is prescribed to be exercised in a particular way, it must be done so or not at all; supports invalidity of improperly convened meetings.
Gopalakrishnan v. Executive Officer1981 KLT 508PositiveHeld that a notice or instrument that lacks proper authority to convene a meeting renders proceedings void; cited to reinforce need for lawful convening.
Retnamma v. State Election Commission2000(2) KLT 584PositiveAffirmed that improper convening or defective processes invalidate no-confidence proceedings; supports the Court’s conclusion about illegality of Ext.P3 meeting.
Anitha v. Kanjirappilly Block Panchayat2004(3) KLT 211PositiveHeld that defects in notice vitiate the entire proceedings, including the conduct of the meeting; cited to emphasize necessity of proper notice.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against W.P.(C) No.17138 of 2014 (N) — Umaiban U.P. Chair Person, Village Dweep Panchayat Kavaratti Island v. Director of Panchayats, Department of Panchayats, Union Territory of Lakshadweep, Kavaratti Island and others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 19TH DAY OF NOVEMBER 2014/28TH KARTHIKA, 1936 WP(C).No. 17138 of 2014 (N) ---------------------------- PETITIONER: ---------- 1. UMAIBAN U.P. CHAIR PERSON, VILLAGE DWEEP PANCHAYAT KAVARATTI ISLAND. 2. MOHAMMED SALEEM P.M., MEMBER, WARD NO.2, VILLAGE DWEEP PANCHAYAT KAVARATTI ISLAND. 3. KAMALUDHEEN, MEMBER, WARD NO.10, VILLAGE DWEEP PANCHAYAT KAVARATTI ISLAND. ## 4. BADARUL MUNEER M.P., MEMBER, WARD NO.9, VILLAGE DWEEP PANCHAYAT KAVARATTI ISLAND. ## 5. BEEFATHUMMA U.P., MEMBER, WARD NO.11, VILLAGE DWEEP PANCHAYAT KAVARATTI ISLAND. BY ADV. SRI.K.B.GANGESH RESPONDENTS: ----------- 1. THE DIRECTOR OF PANCHAYATHs DEPARTMENT OF PANCHAYATS UNION TERRITORY OF LAKSHADWEEP KAVARATTI ISLAND-682 555. ## 2. THE EXECUTIVE OFFICER, VILLAGE DWEEP PANCHAYAT, KAVARATTI KAVARATTI ISLAND-682 555. 3. UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY THE ADMINISTRATOR KAVARATTI ISLAND-682 555. WP(C).No. 17138 of 2014 ## 4. K.I.NIZAMUDHEEN, KEELA ILLAM HOUSE, KAVARATTI ISLAND-682 555. 5. E.P.ANWER SADIQUE, EKKAR PALLI HOUSE, KAVARATTI ISLAND-682 555. 6. T.P.ABDUL RAZAK, THIRINIPURA HOUSE, KAVARATTI ISLAND-682 555. 7. ISMATHUNNISA, MEMBER, WARD NO.3, VILLAGE DWEEP PANCHAYAT KAVARATTI ISLAND-682 555. 8. ASIF ALI K., MEMBER, WARD NO.7, VILLAGE DWEEP PANCHAYAT KAVARATTI ISLAND-682 555. 9. RASIYA BEEGAM, MEMBER, WARD NO.8, VILLAGE DWEEP PANCHAYAT KAVARATTI ISLAND-682 555. R4-R6 & R8 BY ADV. SRI.LAL K.JOSEPH R4-R6 & R8 BY ADV. SRI.A.A.ZIYAD RAHMAN R4-R6 & R8 BY ADV. SRI.V.S.SHIRAZ BAVA R4-R6 & R8 BY ADV. SRI.JOSEPH KURIAN VALLAMATTAM R1& R3 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN R4 TOR6 BY ADV. SRI.T.KRISHNAN UNNI (SR.) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.11.2014, THE COURT ON 19.11.2014 DELIVERED THE FOLLOWING: WP(C).No. 17138 of 2014 (N) ---------------------------- ## APPENDIX PETITIONERS' EXHIBITS ------------------------------------- EXT.P1 COPY OF THE NOTICE OF NO CONFIDENCE MOTION AGAINS THE IST PETITIONER SUBMITTED BY THE 5TH RESPONDENT EXT.P2 COPY OF THE OFFICE MEMORANDUM F.NO.5/7/2014-DOP/1506 DATED 19.06.2014 ISSUED BY THE IST RESPONDENT. EXT.P3 COPY OF THE NOTICE F NO.04/06/2014-VDP (KVT)DATED 19.06.2014 ISSUED BY THE 2ND RESPONDENT EXT.P4 COPY OF THE COMMUNICATION F.NO.4/2/2010-VDP(KVT)DATED 24.06.2014 ISSUED BY THE 2ND RESPONDENT TO THE IST RESPONDENT EXT.P5 COPY OF THE NOTICE F.NO.4/06/2014-VDP(KVT)/166 DATED 01.07.2014 ISSUED BY THE 2ND RESPONDENT TO THE MEMBERS OF VILLAGE DWEEP PANCHAYATH,KAVARATTI. EXT.P6 COPY OF THE COMMUNICATION F.NO.O4/06/2014-VDP (KVT)/174 DATED 01.07.2014 ISSUED BY THE 2ND RESPONDENT TO THE IST RESPONDENT EXT.P7 COPY OF THE OFFICE MEMORANDUM F NO.5/7/2014 -DOP DATED 01.07.2014 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT EXT.P8 COPY OF THE NOTICE F NO.1/1/2014 -VDP (KVT)(VCP)DATED 01.07.2014 ISSUED BY THE 4TH RESPONDENT. EXT.P9 TRUE COPY OF THE SHIP TICKET OF 5TH RESPONDETN FOR VOYAGE ON 13.04.2013. EXT.P10 TRUE COPY OF THE SHIP TICKET OF 5TH RESPONDENT FOR VOYAGE ON 22.08.2013 EXT.P11 TRUE COPY OF THE SHIP TICKET OF 6TH RESPONDENT FOR VOYAGE ON 08.04.2013. EXT.P12 TRUE COPY OF THE SHIP TICKET OF 6TH RESPONDENT FOR VOYAGE ON 02.11.2013. EXT.P13 TRUE COPY OF THE SHIP TICKET OF 4TH RESPONDENT FOR VOYAHE ON 05.10.2013. EXT.P14 TRUE COPY OF SHIP TICKET OF 4TH RESPONDENT FOR VOYAGE ON 24.10.2013. WP(C).No. 17138 of 2014 (N) RESPONDENTS' EXHIBITS ---------------------------R4(e) : TRUE COPY OF THE NOTICE DATED 8.10.2013. R4(e1): TRUE COPY OF THE NOTICE DATED 23.10.2013. R4(e2): TRUE COPY OF THE NOTICE DATED 08.11.2013. R4(e3): TRUE COPY OF THE NOTICE DATED 14.11.2014. R4(f): TRUE COPY OF THE NOTICE DATED 18.04.2013. R4(f1): TRUE COPY OF THE NOTICE DATED 26.04.2013. R4(f2): TRUE COPY OF THE NOTICE DATED 06.05.2013. R4(f3): TRUE COPY OF THE NOTICE DATED 22.05.2013. R4(f): TRUE COPY OF THE NOTICE DATED 30.05.2013. R4(g): TRUE COPY OF THE NOTICE DATED 24.08.2013. R4(g1): TRUE COPY OF THE NOTICE DATED 26.08.2013. R4(g2): TRUE COPY OF THE NOTICE DATED 04.09.2013. R4(g3): TRUE COPY OF THE NOTICE DATED 17.09.2013. R4(h): TRUE COPY OF THE NOTICE DATED 13.01.2014 R4(h1): TRUE COPY OF THE NOTICE DATED 17.01.2014 R4(h2): TRUE COPY OF THE NOTICE DATED 21.01.2014 R4(h3): TRUE COPY OF THE NOTICE DATED 11.02.2014 R4(h4): TRUE COPY OF THE NOTICE DATED 14.02.2014 R4(i): TRUE COPY OF THE NOTICE DATED 03.04.2013 R4(i1): TRUE COPY OF THE NOTICE DATED 11.04.2013 R4(j): TRUE COPY OF THE NOTICE DATED 23.11.2013 R4(k): TRUE COPY OF THE SANCTIONING ORDER DATED 16.07.2013 R4(l): TRUE COPY OF THE SANCTIONING ORDER DATED 02.12.2013 R4(m): TRUE COPY OF THE SANCTIONING ORDER DATED 10.02.2013 R1(a) : A TRUE COPY OF THE NOTIFICATION DATED 01.11.2012 R1(b) : A TRUE COPY OF THE LETTER DATED 19.06.2014. WP(C).No. 17138 of 2014 (N) R1(c) : A TRUE COPY OF THE LETTER F. NO. 5/7/2014-DOP DATED 19.06.2014. R1(d) : A TRUE COPY OF THE NOTICE. R1(e) : TRUE COPIES OF THE MINUTES OF THE PANCHAYATS WHICH HAS THE SIGNATURE OF THE MEMBERS ATTENDED THE MEETING. R1(f) : TRUE COPIES OF RELEVANT NOTICES. R1(g) : TRUE COPIES OF SANCTION ORDERS OF SOME SUCH SUBSEQUENT MEETINGS. R1(h) : A TRUE COPY OF OFFICE MEMORANDUM VIDE F.NO. 4/2/2010-VDP (KVT) DATED 01.07.2014. //TRUE COPY// P.A. TO JUDGE ## **C.R.** ## **P.B.SURESH KUMAR, J.** ## **-----------------------------------------------** ## **W.P.(C) No.17138 of 2014** ## **-----------------------------------------------** ## **Dated 19[th] November, 2014.** ## **J U D G M E N T** Petitioners are members of the Village Dweep Panchayat of Kavaratti Island ('the Panchayat', for short) under the Union Territory of Lakshadweep. Among them, the first petitioner was the Chairperson of the Panchayat. The petitioners seek in this writ petition, a declaration that the no confidence motion moved by the fifth respondent against the first petitioner in the meeting of the Panchayat held on 2.7.2014 is null and void and that the first petitioner is entitled to continue as the Chairperson of the Panchayat. They also seek a declaration that in view of the provision in Regulation 21 (1)(c) of the Lakshadweep Panchayats Regulation, 1994, respondents 4 to 6 have ceased to become the members of the Panchayat. 2. The petitioners were elected as the members of the Panchayat during 2012 and the elected members of the Panchayat in turn elected the first petitioner as the Chairperson and the fourth respondent as the Vice Chairperson of the W.P.(C) No.17138 of 2014 2 Panchayat. On 13.6.2014, the fifth respondent gave a notice of no confidence motion against the first petitioner. Ext.P1 is the notice of no confidence motion. Ext.P1 notice of no confidence motion was addressed to the Chairperson, the Vice Chairperson and the Executive Officer of the Panchayat. A copy of the no confidence motion was submitted to the Director of Panchayats of Kavaratti island also. On receipt of a copy of the notice of no confidence motion, the Director of Panchayats, issued Ext.P2 communication to the Executive Officer of the Panchayat, directing him to take further action on the notice of no confidence motion in accordance with Regulation 29 of the Lakshadweep Panchayats Regulation, 1994 ('the Regulation', for short) and Rule 12 of the Lakshadweep Panchayats Business Rules, 1997 ('the Rules', for short). In the meanwhile, on 18.06.2014, the Executive Officer of the Panchayat placed the no confidence motion before the first petitioner, the Chairperson of the Panchayat and she has directed the Executive Officer to convene a meeting of the Panchayat on 02.07.2014 to consider the no confidence motion. Accordingly, Ext.P3 notice was issued to the members of the Panchayat by the Executive Officer of the Panchayat. W.P.(C) No.17138 of 2014 3 3. After having issued the notice for convening the meeting to consider the no confidence motion on 02.07.2014, the Executive Officer of the Panchayat issued Ext.P4 communication to the Director of Panchayats stating that respondents 4 to 6 have absented themselves for more than three consecutive meetings of the Panchayat and consequently they ceased to be the members of the Panchayat in view of the provision in Regulation 21(1)(c). As per Ext.P4, the Executive Officer of the Panchayat requested the Director to take appropriate action in the matter. In Ext.P4 communication, the dates on which the above respondents have consecutively absented from the meetings of the Panchayat were also mentioned. Ext.P4 communication was sent by the Executive Officer to the Director of Panchayats on 24.6.2014. Thereupon, on 1.7.2014, the Executive Officer of the Panchayat issued Ext.P5 notice to all the members stating that the meeting scheduled as per Ext.P3 notice stands cancelled as it was found that the fifth respondent who has given the notice of no confidence motion ceased to be a member of the Panchayat. In the meanwhile, in response to Ext.P4 communication sent by the Executive Officer, the Director of W.P.(C) No.17138 of 2014 4 Panchayats sent Ext.P7 communication to the Executive Officer stating that the matter of cessation of membership of the members has been examined by him and that since the members have resumed/participated in the subsequent meetings of the Panchayat, it is deemed that their absence has been condoned. As per Ext.P7, the Director of Panchayats has also directed the Executive Officer to make sure that the meeting proposed on 2.7.2014 is conducted in accordance with the provisions contained in the Regulation and the Rules. 4. Pursuant to Ext.P7 communication, Ext.P8 notice was issued by the Vice Chairperson of the Panchayat to all the members of the Panchayat informing them that the no confidence motion will be considered in the meeting proposed on 2.7.2014 itself. Pursuant to Ext.P8 notice, a meeting of the Panchayat was held on 2.7.2014 under the Chairmanship of the fourth respondent and the no confidence motion against the first petitioner was passed in the said meeting on a simple majority of six votes against five votes. 5. On 4.7.2014, when the writ petition came up for admission, this Court passed the following interim order : “Heard. Admitted. Learned standing counsel takes notice for respondents W.P.(C) No.17138 of 2014 5 1 and 3. Issue notice to respondents 2 and 4 to 9 by speed post. The operation of no confidence motion said to have been passed in the meeting of Village Dweep Panchayat, Kavaratti against the first petitioner is stayed for a period of two weeks from today. It is made clear that on the strength of this order, the first petitioner can participate in the future meetings, but he will not have the right to vote, till a final decision is taken in the matter. Post after two weeks in the petition list.” It is not disputed that based on the interim order, the petitioner is continuing as the Chairperson of the Panchayat. 6. Respondents 1 to 3 and 4 to 9 have filed separate counter affidavits. In the counter affidavit filed by respondents 1 to 3, it is stated that the various dates on which respondents 4 to 7 allegedly absented from the meetings of the Panchayat are not meetings convened in accordance with the provisions of the Rules and that respondents 4 to 6 were not given notice of the said meetings. It is also stated in the counter affidavit filed by respondents 1 to 3 that since the no confidence motion was against the Chairperson of the Panchayat, the Vice Chairperson of the Panchayat was the authority to convene the meeting to consider the no confidence motion and it is on account of the said reason, he recalled the notice issued by the Executive officer of the Panchayat W.P.(C) No.17138 of 2014 6 cancelling the meeting scheduled to consider the no confidence motion. 7. In the counter affidavit filed by respondents 4 to 9, they have contended that they were not given notices of the various meetings of the Panchayat referred to in Ext.P4 communication and therefore, they have not ceased to be the members of the Panchayat. They have also contended that the various meetings of the Panchayat referred to in Ext. P4 are not meetings convened in accordance with the Rules and therefore, the provision in Regulation 21 cannot be applied in relation to the said meetings to disqualify the elected members. 8. The learned counsel for the petitioners contended that in view of the provision in Regulation 21(1)(c), the fifth respondent who gave the notice of no confidence motion ceased to be a member of the Panchayat and therefore, he was not entitled to move a no confidence motion against the first petitioner. He has also contended that since the notice of no confidence motion was given against the Chairperson of the Panchayat, the meeting to consider the said no confidence motion should have been convened by the Vice Chairperson of the Panchayat as per the Rules and the meeting held on W.P.(C) No.17138 of 2014 7 2.7.2014 being one convened by the Executive Officer of the Panchayat, the decision taken in the said meeting is null and void. ## 9. Regulation 21 reads thus: “21.(1) A member of a Panchayat shall cease to be a member if-(a) he is or becomes subject to any of the disqualifications mentioned in Section 12; or (b) he ceases to be ordinarily resident within the Panchayat area from which he was elected; or © he absents himself for more than three consecutive meetings of the Panchayat without the leave of the Panchayat. (2) Where any person ceases to be a member of a Panchayat under sub-section (1), he shall also cease to hold any office in which he may have been elected or appointed by reason of his being a member thereof.” In view of the said Regulation, a member of the Panchayat shall cease to be a member, if he absents himself for more than three consecutive meetings of the Panchayat. Rule 15 of the Rules reads thus : 15. Meeting to be notified : (1) A notice to attend the meeting of the Village (Dweep) Panchayat shall state the date, time and place of the meeting. (2) Notice of meeting under sub rule (1) shall be sent to each member through a messenger atleast ten days before the meeting and shall also be displayed at conspicuous places within the jurisdiction of the Panchayat.” W.P.(C) No.17138 of 2014 8 Rule 15 of the Rules indicates that a notice to attend the meeting of the Panchayat shall be sent to each member through a messenger at least 10 days before the meeting. The notices of the various meetings of the Panchayat referred to in Ext.P4 communication have been produced by respondents 4 to 9 along with I.A.No.10751 of 2014. The notices of the said meetings indicate that none of those meetings have been convened, after giving 10 days notice to the members as required in the Rules. The notices referred to above would also indicate that the notices of the said meetings have not been served on respondents 4 to 6. In fact, the aforesaid facts are conceded in the counter affidavit filed by respondents 1 to 3. As such, it is evident that the meetings referred to in Ext.P4 notice are not meetings convened lawfully. If the meetings referred to in Ext.P4 are not meetings of the Panchayat lawfully convened, the disqualification provided for in Regulation 21 would not be attracted. When the law provides that the meetings of the Panchayat shall be convened in a particular manner and provides for automatic cessation of membership of the Panchayat for non-participation in the meetings, cessation of membership would take effect only if W.P.(C) No.17138 of 2014 9 the meetings are convened in accordance with the procedure prescribed, for, the cessation is by operation of law. If the fifth respondent who has given the notice of motion is not disqualified under Regulation 21, the no confidence motion moved by him is valid in the eye of law. 10. Regulation 29(3) provides that the Chairperson or the Vice Chairperson, as the case may be, shall not preside over a meeting in which a vote of no confidence is discussed against him. Rule 12 of the Rules indicates beyond doubt that on receipt of the notice of no confidence motion, the Chairperson or the Vice Chairperson, as the case may be, shall convene a meeting of the Panchayat to consider the notice of no confidence motion. Regulation 29 (3) reads thus : “29(3). Notwithstanding anything contained in this Regulation, the Chairperson or the Vice-Chairperson or President-cum-Chief Counsellor or Vice-President-cum-Counsellor, as the case may be, shall not preside over a meeting in which a vote of no confidence is discussed against him, but he shall have the right to speak, or otherwise take part, in the proceedings of such meeting, including the right to vote.” Rule 12 of the Rules reads thus : Notice of no confidence motion - (1) A written notice of intention to move a motion of no confidence under section 29 shall be necessary. It shall state the reasons for moving the motion and shall be delivered in person by the member of the Village (Dweep) W.P.(C) No.17138 of 2014 10 Panchayat. (2) On receipt of the notice of no confidence motion, the Chairperson or Vice Chairperson, as the case may be, shall convene a meeting of the Panchayat to consider the notice of no confidence motion within twenty days after issue of the notice for the meeting : Provided that the notice of the meeting shall be issued within ten days on the receipt of the notice of no confidence motion and not less than ten days before the date of the meeting. (Substituted vide amendment dated 24.9.1998). (3) Subject to the provisions under sub section (3) of Section 29, the Chairperson or the Vice Chairperson as the case may be, shall read out the notice received under sub section (1). He shall then allow the motion to be moved and discussed. Upon the conclusion of the debate, the motion shall be put to vote. (4) The Chairperson or the Vice Chairperson, as the case may be, shall declare the result of the voting. The motion shall be deemed to have been carried only when it has been passed by a simple majority as prescribed under Section 29.” A combined reading of the Regulation and the Rules referred to above would indicate that if the notice of no confidence motion is given against the Chairperson of the Panchayat, the meeting shall be convened by the Vice Chairperson and if the notice of no confidence motion is given against the Vice Chairperson, the meeting shall be convened by the Chairperson. The Rules also mandate that there shall be at least 10 days gap between the notice and the date of motion. Ext.P3 is the notice of the meeting convened to consider the no confidence motion. W.P.(C) No.17138 of 2014 11 Ext.P3 is issued by the Executive Officer of the Panchayat. Ext.R4(n) produced by respondents 4 to 9 along with I.A. No 15359 of 2014 indicates that on receipt of the notice of no confidence motion, the Executive Officer of the Panchayat, placed an office note before the first petitioner, intimating him about the requirements to convene the meeting to consider the no confidence motion and in the said office note, the first petitioner made an endorsement to the effect that a meeting can be convened on 2/7/2014. It is not disputed that the Executive Officer of the Panchayat convened the meeting to consider the no confidence motion based on the said endorsement of the first petitioner. Later, as stated above, the Executive Officer himself had cancelled the said meeting as per Ext.P5 communication. Ext.P8 notice of the Vice Chairperson of the Panchayat is only a notice recalling Ext.P5 communication issued by the Executive Officer. In Ext.P8, it is stated that the meeting will be held as scheduled on 2/7/20144. Ext.P8, in the circumstances, cannot be considered as a notice issued by the Vice Chairperson in accordance with the Rules for convening the meeting of the Panchayat. Even if Ext.P8 is considered as a notice of meeting convened by the Vice Chairperson, the same W.P.(C) No.17138 of 2014 12 is not in accordance with the Rules, for, the same was not issued within 10 days of the receipt of notice of the no confidence motion and the meeting was not convened beyond 10 days of the notice. The various stipulations in the Rules might have been made with specific objectives and as such, all the procedures are mandatory and no relaxation of any of the procedure is permissible. It is thus evident that the meeting held on 2/7/2014 in which the no confidence motion against the first petitioner was moved is a meeting convened without authority of law. 11. The learned Senior Counsel for respondents 4 to 9 contended that the illegality, if any, in the convening of the meeting was caused by the first petitioner herself and therefore, she cannot take advantage of the same. As indicated above, notice of no confidence motion was issued to the Vice Chairperson of the Panchayat also. There was no impediment whatsoever for the Vice Chairperson to convene the meeting of the Panchayat. Merely for the reason that a meeting was convened by the Executive Officer of the Panchayat at the instance of the first petitioner, the Vice Chairperson of the Panchayat was not prevented from convening a meeting in W.P.(C) No.17138 of 2014 13 accordance with the Regulation and the Rules. As such, it cannot be contended that the illegality in convening the meeting is attributable to the first petitioner. 12. It is beyond dispute that if a meeting is summoned without authority, it will be invalid. (See Shackleton on the Law and Practice of Meetings). Further, it is settled for more than a century that where an authority is given to do a thing in a particular way, the thing must be done in that way or not at all and that other methods of performance are necessarily forbidden [ **Taylor v. Taylor** (1875) 1 Ch. D 426)] The said principle has been followed consistently by the courts in the country. In **Gopalakrishnan v. Executive Officer** (1981 KLT 508), in the context of a meeting convened without authority to consider a no confidence motion against the President of a Panchayat, this Court held as follows : “It is true that the said notification empowered the District Panchayat Officer, the second respondent, to receive the written notice of intention to make the motion of no confidence in the President; there is, however, nothing therein expressly or by necessary implication, empowering the second respondent to convene a meeting in exercise of the powers under sub-s.(3) of S.54 of the Act. This being the position, Ext.P1 notice issued and Ext.P3 proceedings passed by the second respondent are without jurisdiction. Needless to say that Ext.P2 resolution passed by the members voting for the no W.P.(C) No.17138 of 2014 14 confidence and Ext.P4 notice calling upon the petitioner to resign his office also are null and void.” The view taken by this Court in **Gopalakrishnan v. Executive Officer** (supra) is followed in **Retnamma v. State Election Commission** (2000(2) KLT 584). The relevant portion of the judgment reads thus : “The meeting was convened only on 25.4.2000. By that time there was authorised officer nominated by the Election Commissioner. Therefore, meeting convened by the second respondent on 25.4.2000 is clearly illegal and without jurisdiction and resolution passed in that meeting cannot be acted upon. I declare that the meeting held for passing 'no confidence motion' is illegal and the minutes passed in violation of S.157(2) and (5) of the Act is invalid.” In **Anitha v. Kanjirappilly Block Panchayat** (2004(3) KLT 211) this Court has categorically held that if the notice issued for convening a meeting to consider the no confidence motion is defective, the defects vitiate the entire transactions, including the conduct of the meeting. Paragraph 14 of the said judgment reads thus : “Therefore I am constrained to accept the contentions of the petitioners, that there was no notice as envisaged by S.157(2) and (4) of the Act for convening a meeting. The W.P.(C) No.17138 of 2014 15 defects vitiate the entire transactions, including the conduct of the meeting.” 13. In the light of the aforesaid principles, it is declared that the meeting of the Village Dweep Panchayat of Kavaratti held on 2.7.2014 pursuant to Ext.P3 notice was invalid and consequently, the decision taken in the said meeting on the no confidence motion against the first petitioner is null and void. The writ petition is allowed as above. Sd/- ## **P.B.SURESH KUMAR, JUDGE.** tgs