NDLI: Ram Pal Singh Vs. State of U.p. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam 1961
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (33 of 1961)
Case(s) Referred	Referred Case 0
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Uttar Pradesh Kshettra Panchayats and Zila PanchayatsAdhiniyam, 1961:ss. 6(1)(b) and 15 r/w r. 3(3) of Uttar Pradesh KshettraPanchayats and Zila Panchayats (Oath of Office of Adhyaksha orPramukh Etc.) Rules, 1994 – No confidence motion against‘Pramukh’ of Kshetra Panchayat – Moved by 39 elected members –Plea of the ‘Pramukh’ (petitioner) that the requisition for noconfidence motion was not maintainable in view of s. 15 becausethe same can be considered to have been signed only by 26 electedmembers (i.e. less than half the total number i.e. 63 elected members)as 13 elected members who had not taken oath of office could nothave signed or moved the motion – Held: Per Madan Lokur, J: Thereis nothing in law to indicate that elected member ceases to be amember if he/she does not take oath – That apart, if 13 memberscannot be considered as elected members, they also cannot beconsidered or counted for the purpose of composition or countingtotal strength of Kshettra Panchayat – If number of signatoriesdrop by 13, the total member of the elected members would alsodrop by 13 – Thus no-confidence motion was a numerically validrequisition – In the facts of the case it is held that all the 63 membershad taken oath of office before moving the motion – Thus 13members were elected members and were entitled to sign the motion– Per Deepak Gupta, J: Members who have not taken oath cannotmove and be a signatory to such a no-confidence motion – If theyare not entitled to vote at such motion (having not taken oath) cannotbe held entitled or eligible to sign such motion – However, thequestion whether certain members had taken oath or not is disputed,and since the petitioner has failed to prove that such members hadnot taken oath, the petition is liable to be dismissed. Oath:Oath of office – By persons holding public office – Sanctityof – Held: Oath cannot be rendered meaningless – Legislature isadvised to provide consequences for not subscribing to such oath– In order to avoid controversy as to whether oath was taken ornot, advice to maintain record of the same.
Judge	Hon'ble Mr. Justice Madan Bhimarao Lokur
Neutral Citation	2018 INSC 407
Petitioner	Ram Pal Singh
Respondent	State Of U.p. & Ors.
SCR	[2018] 3 S.C.R. 971
Judgement Date	2018-04-24
Case Number	31990

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Ram Pal Singh Vs. State of U.p. & Ors.

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