Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Checking relevance for Manisha Ravindra Panpatil VS State Of Maharashtra...
Manisha Ravindra Panpatil VS State Of Maharashtra - 2024 7 Supreme 618 : The removal of an elected woman Sarpanch of a Gram Panchayat should not be treated lightly, especially when it concerns women from rural areas. There is no credible and convincing material on record to substantiate allegations of encroachment of government land by the appellant. The nature of the allegations and the consequent punishment are highly disproportionate. The impugned order of the High Court is set aside, and the appellant shall be allowed to continue and perform the duties of Sarpanch of the Gram Panchayat until the completion of her tenure.Checking relevance for Poonam VS State of U. P. ...
Poonam VS State of U. P. - 2015 0 Supreme(SC) 1032 : In a challenge against the removal of a Sarpanch, the person elected in place of the removed Sarpanch (the subsequent appointee) is not a necessary party to the proceedings. This is because the subsequent appointee holds office only due to a vacancy created by the removal, and has no independent right to defend the election or oppose the appeal. The original Sarpanch, if successful in the appeal, would resume the position, and the subsequent appointee cannot claim any legal right to continue in office. Therefore, the non-joinder of the subsequent appointee does not render the proceedings invalid.Checking relevance for Raja Bahadur K. C. Deo Bhani VS Raghunath Misra...
Raja Bahadur K. C. Deo Bhani VS Raghunath Misra - 1958 0 Supreme(SC) 179 : Under Section 16 of the Orissa Grama Panchayats Act, 1948, the State Government is empowered to remove a Sarpanch on the grounds of negligence, inefficiency, or misbehaviour. This provision establishes the State Government''''s authority to remove a Sarpanch, although the power is restricted to these specific grounds. The court noted that while this power of removal exists, it is not a conclusive factor in determining whether a Sarpanch is in the service of the Government, but it is a relevant consideration in assessing the level of governmental control over the office.Checking relevance for Sonam Lakra VS State of Chhattisgarh...
Sonam Lakra VS State of Chhattisgarh - 2024 0 Supreme(SC) 1090 : The removal of an elected Sarpanch without due process and adherence to principles of natural justice is impermissible. The court quashed the removal order, reinstated the appellant as Sarpanch, and held that administrative authorities must respect the autonomy of elected representatives and follow due process, including providing a fair opportunity to be heard and serving orders within stipulated time periods.Checking relevance for State Of Orissa VS Md. Illiyas...
State Of Orissa VS Md. Illiyas - 2005 8 Supreme 25 : Under Section 115(1) of the Orissa Gram Panchayat Act, 1964, the Collector may suspend a Sarpanch if, after an inquiry or inspection or on the basis of a report from the Sub-Divisional Officer, he is of the opinion that the Sarpanch has wilfully omitted or refused to carry out provisions of the Act, violated rules or orders, abused powers, rights, or privileges vested in him, or acted in a manner prejudicial to the interest of the inhabitants of the Grama, and that continued presence in office would be detrimental. The Collector must form a prima facie opinion based on materials before him. The State Government may then, after giving the person concerned a reasonable opportunity to show cause, remove the Sarpanch from office. The expression ''''wilful'''' excludes casual, accidental, bona fide, or unintentional acts or genuine inability, and requires intentional, deliberate, calculated, and conscious conduct with full knowledge of legal consequences. The High Court''''s setting aside of the Collector''''s order was held to be indefensible as the Collector''''s opinion was based on prima facie evidence of wilful abuse of power, including collecting illegal gratification from poor beneficiaries of Indira Avas Yogana by giving false assurances.
