Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | UP. KSHETTRA PANCHAYAT & ZILA PANCHAYAT ACT 1961 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | UP. KSHETTRA PANCHAYAT & ZILA PANCHAYAT C ACT, 1961: s. 28 - Motion of No Confidence - Adhyaksh of the Zila Panchayat - Removal of - Held: s.28 ensures that an elected representative can only stay in power so long as such person enjoys the support of the majority of the elected members of the Zila Panchayat - No doubt, there are certain positions in the Constitution, which are filled up through election but individuals so elected cannot be removed by way of No Confidence Motion, e.g. Rajya Sabha Members, Lok Sabha Members and the President of India, however, Part IX of the Constitution of India has not placed office of an Adhyaksha of a Zila Panchayat on the same pedestal as the President of India - There is no prohibition under Article 243F disenabling any State Legislature for enacting that an elected Adhyaksha shall remain in office only so long as such elected person enjoys the majority support of the elected members of the Zila Panchayat - Issue with regard to the constitutionality of s.28 of the Act was considered by Supreme Court in Bhanumati case - In the face of the findings therein, it cannot be said that the judgment in Bhanumati was either per incuriam or required reconsideration - Constitution of India, 1950 - Articles 243C, 243F, 243N - Election laws. s.28 - Whether repugnant to Part IX of the Constitution of India - Held: The provisions of Part IX are to ensure that Panchayati Raj Institutions acquire "the status and dignity of viable and responsive people's bodies" - The provisions are not meant to provide an all pervasive protective shield to an Adhyaksha, Zita Panchayat, even in cases of loss of confidence of the constituents - Provision in s. 28, therefore, cannot be said to be repugnant to Part IX of the Constitution of India. s. 28 - Reservation for Scheduled Caste Ladies - Removal of Scheduled Caste Ladies from the post of Adhyaksha - Held: The provisions contained in s.28 does not frustrate the provisions for reservation for Scheduled Caste Ladies - Even if an Adhyaksha belonging to one of the reserved categories, Scheduled Castes, Scheduled Tribes and other Backward Classes is removed on the basis of the vote of No Confidence, she can only be replaced by a candidate belonging to one of the reserved categories - Plea that s. 28 deprive a candidate belonging to the reserved category of a position to which he or she has been elected on the basis of reservation is wholly fallacious - Appellant had contested the election as an Adhyaksha, Zila Panchayat from a seat reserved for Ladies - Merely because she happened to belong to the reserved category, it cannot be said that the provision with regard to the reservation for the members of the Scheduled Castes/Scheduled Tribes/Backward Classes has been in any manner diluted. CODE OF CIVIL PROCEDURE, 1908: Order 47 r.1 - Scope of - Held: High Court or Supreme Court, in exercise of its powers of review can reopen the case and rehear the entire matter - But whilst exercising such power, the court cannot be oblivious of the provisions contained in Order 47 Rule 1 of CPC as well as the rules framed by the High Courts and Supreme Court. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2014 INSC 224 |
Petitioner | Usha Bharti |
Respondent | State Of U.p. & Ors. |
SCR | [2014] 4 S.C.R. 1076 |
Judgement Date | 2014-03-28 |
Case Number | 4197 |
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