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SINDHU SHARMA
Parveen Akhter – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SINDHU SHARMA, J.
1. The petitioner seeks quashing of her removal as Sarpanch of Panchayat, Kandi (Upper Block), Budhal, District Rajouri vide order/minutes of meeting dated 24.09.2020. She also seeks a direction to the respondents to reinstate her as Sarpanch of Panchayat, Kandi (Upper Block), Budhal, District Rajouri.
2. The Panches of Panchayat, Kandi (Upper Block), Budhal, District Rajouri moved a resolution on 11.09.2020, seeking removal of the petitioner by moving a No Confidence Motion against her on serious allegations of misconduct regarding violation of Jammu and Kashmir Panchayati Raj Act and had sought convening of a special meeting in this regard.
3. The Secretary, Panchayat Halqa, Kandi (Upper Block), Budhal, District Rajouri informed the Chairman, B.D.C. Budhal that seven Panches of Panchayat, Kandi (Upper Block), Budhal, District Rajouri have sought convening of a special meeting regarding No Confidence Motion against the petitioner and the Chairman, B.D.C. Budhal in this regard requested him to proceed over the same in terms of the Rules.
4. The Secretary, Panchayat Halqa, Kandi (Upper Block), Budhal, District Rajouri on 13.09.2020, issued notice to all the m
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 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....
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....
Legislative provisions regarding No Confidence Motions do not require debate; removal procedures must be adhered to, and gender protections under the Constitution do not exempt elected officials from....
Authority must follow procedural safeguards in removal of Panchayat officials, emphasizing correct legislative provisions.
No confidence motion applies to a nominated officiating Sarpanch under the Panchayati Raj Act, ensuring accountability in governance.
The main legal point established in the judgment is the necessity of ratification in the Gram Sabha for a no confidence motion passed against a directly elected Sarpanch, as per the amended provision....
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