Lawstreet Journal

Elected Representative Not Enjoying the Will of the People Cannot be Permitted to be in Power Even for a Second: Allahabad HC [READ ORDER]

Lawstreet Journal 15 Sep 2020 11:49pm

Image courtesy: Lawstreet Journal Judiciary Elected Representative Not Enjoying the Will of the People Cannot be Permitted to be in Power Even for a Second: Allahabad HC [READ ORDER]

Tripti Rani, the Pramukh of the Kotwali Kshetra Panchayat, Bijnor was recently on the receiving end of a no-confidence motion according to the Uttar Pradesh Kshetra Panchayat & Zila Panchayat Act, 1961. This no-confidence motion was according to Section 15 of the Act on August 21st, 2020.

Section 15 of the Act reads, “A motion expressing want of confidence in the Pramukh of a Kshetra Panchayat may be made and proceeded with in accordance with the procedure laid down in the following sub-sections.”

In furtherance of the passed motion, a notice dated August 21st, 2020 was issued by the District Magistrate of Bijnor. The notice was directed for the convening of a meeting to consider the no-confidence motion.

The counsel for the petitioner contended that since there are more than 150 members of the Panchayat, they could not meet for a meeting due to Guidelines for Phased Re-opening (Unlock-4) issued by the Ministry of Home Affairs, Government of India on 29.08.2020. Further, such a meeting would violate the Disaster Management Act, 2005.

In response, the Court stated that the 1961 Act was set up to provide for self-governance. According to the act, Gaon Sabhas had the authority of local self-governance and have been conferred with the right to manage their own affairs. This also includes the performance of governmental function through a democratic process. They were conferred with a right to elect a Pradhan or remove such Pradhan by a no-confidence motion. In other words, “Election and Removal by the motion of no-confidence are… Continue Reading...


Tagged: Allahabad High Court  
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