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.
