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T.AMARNATH GOUD
Sundara Pandian Kalidasan – Appellant
Versus
State of Telangana – Respondent
ORDER :
Petitioner has been elected as a Ward Member of 13th Ward of Kallakal Gram Panchayat, Toopran Mandal, Medak District and also Upa-Sarpanch of the said Gram Panchayat in the general elections held in the month of January, 2019. The 4th respondent served a notice No.H/188/2021 dated 27.02.2021 on the petitioner stating that he received a proposal for no confidence motion under Form-I dated 19.02.2021 from the Ward Members of Kallakal Gram Panchayat and called a meeting on 17.3.2021 at 11.00 AM at the office of the Gram Panchayat for consideration of the proposed no confidence motion.
2. Aggrieved thereby the petitioner filed Writ Petition No.5804 of 2021 contending that the said notice was not in compliance with the Section 30 (1) and (2) of T.S. Panchayat Raj Act, 2018 and Rules 2 and 3 of the Rules relating to motion of no confidence against the Upa Sarpanch in G.O.Ms.No.200 PR & RD dated 28.4.1998. In the said Writ Petition initially an interim order was passed on 15.3.2021 staying the further proceedings in pursuance of the said notice and ultimately the said Writ Petition has been Allowed vide orders dated 28.4.2021 giving liberty to the respondents to proceed to take step
Point of Law : Upa Sarpanch – No confidence notice – Two notices - proposal of no confidence motion 2nd time against the petitioner within a period of two years from the 1st proposals and the same is....
The main legal point established in the judgment is the applicability of old rules in the absence of new rules under the Telangana Panchayat Raj Act, 2018, and the authority of Revenue Divisional Off....
The main legal point established in the judgment is that the 'Motion of No Confidence' must fulfill the mandatory requirements set out in Section 35 of the Maharashtra Village Panchayats Act, 1959, a....
The main legal point established is that until new rules are framed, the old rules consistent with the new Act can be followed as per the repeal and saving clauses.
The failure to furnish a copy of the requisition for a no-confidence motion does not invalidate the motion if it is adopted by the requisite majority, as the requirement is directory, not mandatory.
The court affirmed that compliance with statutory notice provisions in a no confidence motion was sufficient, and challenges based on alleged deficiencies or political motives were unsubstantiated.
Compliance with procedural laws in no-confidence motions under the Odisha Grama Panchayats Act is essential, though timing of notice receipt versus issuance holds significance in evaluating valid par....
Procedural safeguards under Section 24 of the Odisha Gram Panchayat Act are mandatory for no-confidence motions; late notice receipt does not invalidate proceedings absent demonstrable prejudice.
The court ruled that compliance with procedural safeguards under the Odisha Gram Panchayat Act, 1964 is critical for no-confidence motions, affirming that minor deviations do not invalidate democrati....
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