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PUNEET GUPTA
Vikas Kumar Sharma – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Puneet Gupta, J.
The petition is taken up for final consideration at this stage with the consent of counsel for the parties.
2. The petitioner was elected as Chairman of Block Development Council, Block Lamberi, in the year of 2018 and is alleged to have been removed from the said post of Chairman of Block Development Council on 09.07.2020 illegally in pursuance to the No-Confidence Motion moved by the Sarpanches of Block Lamberi Tehsil, Nowshara on 28.06.2020 and 29.06.2020. The petitioner is aggrieved of his removal from the post of Chairman. The petitioner during the pendency of the writ petition has moved an application seeking amendment of the prayer part wherein he has also challenged the minutes of the meeting held on 09.07.2020 wherein the petitioner was allegedly removed from the post of Chairman. The same has been taken on record. The petitioner has challenged his removal on the ground that the meeting was not been convened as per Rule 81 of Panchayati Raj Rules; that there was no cogent proof for moving a motion against the petitioner; that the BDO took the steps in pursuance to the motion moved by the private respondents in violation of Rule 81 of the Rules fr
The main legal point established in the judgment is that the removal of a Sarpanch or Naib Sarpanch must adhere to the prescribed procedure under the Panchayati Raj Act, and the will of the majority ....
The legal framework for a no-confidence motion, as outlined in the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and the Rules, 1994, must be followed, including the prescribed authority's satisfaction ....
The main legal point established in the judgment is the interpretation and application of the provisions of Rule 17(6) and Rule 18 of the West Bengal Panchayat (Constitution) Rules, 1975, in the cont....
The main legal point established is that the no-confidence motion against a Sarpanch must be adopted by a majority of two-thirds of the members present at the time of voting, as per Rule 81(3) of the....
Mandatory compliance with statutory deadlines in No Confidence Motion procedures is essential for legality.
If Sarapnach fails to call such meeting, the Secretary of the panchayat shall forthwith make a report thereof the competent authority and thereupon the competent authority shall call a meeting of the....
The court established that a No-Confidence motion can be validly passed even if the Sarpanch is absent, provided proper notice is given and the right to speak is upheld.
The importance of adhering to procedural requirements for no confidence motions, the significance of majority opinion, and the discretionary powers of the court in such matters.
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