JUDGMENT : DEBANGSU BASAK, J. 1. The appeal is directed against the order dated March 19, 2024 passed in WPA/192 of 2024. 2. By consent of the parties, the appeal is treated as on day’s list and taken up for final hearing. 3. Learned advocate appearing for the appellant submits that the appellant is a member of the Port Blair Municipal Council. He draws the attention of this Court to the Andaman and Nicobar Islands (Municipal) Regulation, 1994. He submits that, under Regulation 14, the Municipality is required, as soon as may be after its constitution, at a special meeting, elect one of its member, from among themselves, to be the Chairperson of the Municipality. Sub Regulation (2) of the Regulation 14 provides the terms of office of a Chairperson shall be one year from the date of his election or the residue of the term of the Municipality, whichever is less. He submits that, the Chairperson was appointed initially till March 14, 2023 prior to the expiry of the period of one year, appropriate proceedings were taken for the purpose of appointment of a Chairperson. The term of the Chairperson so appointed, expired on March 14, 2024. The appellant approached the writ Court immediately on March 15, 2024 for the purpose of requiring the Administration to take up appropriate steps for the purpose of convening a special meeting to elect the Chairperson of the Municipality. He submits that, the learned Judge, erred in not allowing such relief in view of the model code of conduct. He submits that the model code of conduct does not impede the holding of such meeting. 4. Learned advocate for the Administration submits that, the model code of conduct came into effect from March 16, 2024 and will last till June 04, 2024, in view of the ensuing Lok Sabha Election. He refers to an order dated March 11, 2011 passed in WP No.4786 (W) of 2011 (Shri Sujit Roy vs. The State of West Bengal and others) and submits that the High Court left the issue as to whether a meeting of a local body can be held during the Model Code of Conduct being in force open for the Election Commission to decide. He draws the attention of the Court to the Compendium of Instructions of Model Code of Conduct, 2024 and in particular to instruction 17 regarding enforcement of the Model Code of Conduct – Do’s and Don’ts issued by the Election Commission of India. In particular, he refers to Item VII relating to meeting of Local Bodies – Panchayats, Municipalities etc. He submits that, no meeting apart from statutory meetings of a municipality or panchayat can be held in terms of the model code of conduct. According to him, special meeting is not a statutory meeting and therefore should not be held. Non-holding of meeting contemplated under Regulation 14 of the Regulation of 1994 will not be prejudicial to the municipality or its elected members in view of the provisions of Regulation 199. He submits that, the Lieutenant Governor is empowered under Regulation 199 of the Regulation of 1994 to appoint an Administrator to tide over the impasse due to non-election of the Chairperson during the period when the Model Code of Conduct in place. He submits that once the Model Code of Conduct looses its efficacy on the conclusion of Lok Sabha Election, the meeting for the purpose of electing the Chairperson can be held. 5. The appellant before us is an elected member of the Port Blair Municipal Council. The Port Blair Municipal Council is governed by the Regulation of 1994. Regulation 14 of the Regulation of 1994 is as follows:- “14(1) As soon as may be after its constitution, every Municipality shall, at a special meeting, elect one of its member, from among themselves, to be the Chairperson of the Municipality. (2) The term of office of a Chairperson shall be one year from the date of his election or the residue of the terms of the Municipality, whichever is less. (3) The office of the Chairperson shall be reserved for the first year of the Municipality in favour of a member who is a woman. (4) On the occurrence of any vacancy in the office of the Chairperson or the Vice-Chairperson, the Municipality shall within one month of the occurrence of such vacancy elect one of its members as Chairperson or Vice-Chairperson as the case may be. (4) On the occurrence of any vacancy in the office of the Chairperson or the Vice-Chairperson, the Municipality shall within one month of the occurrence of such vacancy elect one of its members as Chairperson or Vice-Chairperson as the case may be. (5) If the vacancy be a casual vacancy in the office of the Chairperson and is reserved for a woman, the vacancy shall be filled by electing one of the members from amongst women.” 6. Regulation 14 therefore requires a municipality such as the Port Blair Municipality of which the appellant is an elected member, to elect from amongst the elected members, a person to be the Chairperson of the municipality. Sub-regulation (2) of Regulation 14 prescribes a time limit of one year or the residue of the term of the municipality whichever is earlier. Sub-regulation (3) enjoins that the office of the Chairperson shall be reserved for the first year of the municipality in favour of member who is a woman. Other Sub-regulation of Regulation 14 provides for eventuality of the vacancy occurring in the post of the Chairperson. 7. Regulation 199 of the Regulation of 1994 is as follows:- “199.(1) If, in the opinion of a Administrator, the Municipality, persistently makes default in the performance of the duties imposed on it by or under this Regulation or exceeds or abuses its powers, the Administrator may by an order published, together with a statement or reasons therefore, in the official Gazette dissolve the Municipality; Provided that the Municipality shall be given a reasonable opportunity of being heard before its dissolution. (2) When the municipality is dissolved by an order under subsection (1)- (a) all members shall, on the date of the dissolution, vacate their office as such members and the persons referred to in clause (a) of sub-section (2) of section 9 shall cease to be represented in the municipality. (b) during the period of dissolution of the municipality, all powers and duties conferred and imposed upon the municipality by or under this Regulation or any other law, shall be exercised and performed by such officer or authority as the Administrator may appoint in that behalf; and (c) all property and rights vested in the municipality shall until it is reconstituted vest in the Government.” 8. Regulation 199 provides for dissolution of the municipality. Regulation 199 provides for dissolution of the municipality. It provides that if in the opinion of the Administrator, the Municipality is persistently making default in the performance of the duties imposed on it by or under the Regulation of 1994 or exceeds or abuses its powers, the Administrator may by an order published, together with the statement or reasons therefore, in the official Gazette dissolve the Municipality. The proviso requires adherence of principles of natural justice prior to such order being passed. 9. It is not a case that the municipality is in default in the performance of the duties imposed on it by or under the Regulation of 1994. The appellant/writ petitioner before us is requesting for election of a Chairperson in accordance with the Regulation of 1994. 10. As noted above, Regulation 14 of the Regulation of 1994 requires election of a Chairperson from amongst the elected members of the municipality on the expiry of the term of office of the previous elected Chairperson. Admittedly, the term of office of the elected Chairperson expired on March 14, 2024. Election to the new post was therefore required to be undertaken in terms of the Regulation 14 of the Regulation of 1994. In the event, such an election is not held, it can then be said that, the municipality is in breach of statutory requirement prescribed by the Regulation of 1994 in electing the Chairperson. 11. The issue as to whether, meetings of the local bodies, panchayat and municipalities and other local authorities could be held when, the Model Code of Conduct is in place, came up for consideration before the High Court in Shri Sujit Roy (supra) where the High Court left the issue to be decided by the Election Commission. 12. Admittedly, the Model Code of Conducts for the ensuing Lok Sabha Elections are in place commencing from March 16, 2024 till June 04, 2024. 13. The Election Commission of India issued a Compendium of Instructions on Model Code of Conduct, 2024. It deals with the issue of meetings of local bodies/panchayats, municipalities etc in Item VII at page 60 of the such compendium, which is as follows:- “VII. Meeting of Local Bodies – Panchayats, Municipalities, etc. 1. 13. The Election Commission of India issued a Compendium of Instructions on Model Code of Conduct, 2024. It deals with the issue of meetings of local bodies/panchayats, municipalities etc in Item VII at page 60 of the such compendium, which is as follows:- “VII. Meeting of Local Bodies – Panchayats, Municipalities, etc. 1. A Writ Petition No.4766(W) of 2011 (Shri Sujit Roy vs. The State of West Bengal & Others) was filed before the Hon’ble Hgh Court of Calcutta seeking declaration that no meeting of the Conciliors of Kulti Municipality should be held during the period when Model Code of Conduct is in force. 2. The Hon’ble High Court, vide its order dated 11.03.2011, dismissed the Petition with the observation that the question would be for the Commission to decide and further directed that copy of the order be communicated to the Commission. Accordingly, a copy of the order of the Hon’ble High Court was referred to the Commission. 3. The Commission, after considering the matter, decided that there would be no objection on its part to the holding of the statutory meetings which cannot be avoided by the Municipalities and Panchayats and other local bodies, subject to the condition that no new policy decisions and announcements shall be made in such meetings are over and only the decisions related to routine day-to-day management issues, and on emergency issues may be taken in such meetings.” 14. Of importance is the paragraph VII (3) of such compendium which, in our view, the Election Commission, decided that there would be no objection on its part to the holding of the statutory meetings which cannot be avoided by the Municipalities and Panchayats and other local bodies, subject to the condition that no new policy decisions and announcements shall be made in such meetings till the elections are over and decisions relating to routine day-to-day management issues, and on emergency issues may be taken in such meetings. 15. In our view, Regulation 14 of the Regulation of 1994 enjoins upon the municipality a statutory obligation to hold meeting to elect Chairperson on the expiry of term of office of the earlier Chairperson. The term of office of the earlier Chairperson expired on March 14, 2024. The Model Code of Conduct came into force on March 16, 2024. 15. In our view, Regulation 14 of the Regulation of 1994 enjoins upon the municipality a statutory obligation to hold meeting to elect Chairperson on the expiry of term of office of the earlier Chairperson. The term of office of the earlier Chairperson expired on March 14, 2024. The Model Code of Conduct came into force on March 16, 2024. Ideally, the new Chairperson was required to be appointed prior to the Model Code of Conduct coming into force. 16. However, in our understanding of the instructions as noted above in the compendium issued by the Election Commission, the Election Commission did not prohibit holding of statutory meeting, enmasse. It in fact permitted the holding statutory meetings with the rider that no new policy decision and announcement shall be made till the elections are over and the decision relating to routine day-to-day management issues and emergency issues may be taken in such meetings. 17. In such circumstances, we find no reason that the Administration will not proceed to hold a meeting of the elected members of the municipality for the purpose of electing a new Chairperson in terms of the Regulation 14 of the Regulation of 1994. Such a meeting is statutory requirement under the Regulation of 1994. In fact, if such meeting is not held, the municipality can be said to be acting in breach of the Regulation of 1994, therefore, attracting rigors of the Regulation 199. 18. We therefore, direct the Administration to initiate appropriate steps for the purpose of holding meetings of the elected members of the municipality for the purpose of electing the Chairperson of the municipality preferably within seven days from the date of this judgment and order. 19. The meeting so convened shall be only for the purpose of electing the Chairperson. Meeting will not adopt any other resolution which is not permitted under Item VII of the Compendium of Instructions on Model Code of Conduct, 2024. 20. The Court is informed that there is an application for modification of the order under appeal pending before the learned Single Judge. 21. By consent of the parties, such application is treated as on day’s list and is disposed of in term of this judgment and order. 22. The impugned order is accordingly modified to the extent as directed by us. 23. 21. By consent of the parties, such application is treated as on day’s list and is disposed of in term of this judgment and order. 22. The impugned order is accordingly modified to the extent as directed by us. 23. The appeal being MAT/12/2024 and the connected application are accordingly disposed of without any order as to costs. 24. I agree.