Case Note & Summary
The dispute arose from a no-confidence motion against the Sarpanch of Karajkheda village, which was passed by the Gram Panchayat on 19.10.2020. Following this, the Sarpanch challenged the resolution before the Collector, who ordered a Special Gram Sabha to ratify the motion. The Sarpanch subsequently filed a writ petition in the High Court, which set aside both the Collector's order and the no-confidence resolution. The appellants, aggrieved by this decision, appealed to the Supreme Court, arguing that the High Court should not have invalidated the resolution but rather ensured compliance with the Collector's order. The respondent contended that the resolution lapsed due to failure to present it within the stipulated time frame as per government guidelines. The Supreme Court analyzed the relevant provisions of the Village Panchayat Act, particularly Section 35-1A, and concluded that there was no legal basis for the resolution to lapse simply due to timing issues. The court emphasized that the no-confidence motion must be ratified by the Special Gram Sabha as directed by the Collector. Consequently, the Supreme Court set aside the High Court's order and reinstated the Collector's directive, mandating that the necessary steps for ratification be taken promptly. The court also ordered that the post of Sarpanch be held by the Upasarpanch until the resolution was ratified.
Headnote
A) Local Governance - No-Confidence Motion - Validity of Resolution - Village Panchayat Act, 1959, Section 35-1A - The court held that the no-confidence motion passed against the Sarpanch must be ratified by the Special Gram Sabha as per the Collector's order, and the High Court's decision to set aside the resolution was incorrect. The court directed that the necessary formalities for ratification be complied with expeditiously (Paras 5-6).
Issue of Consideration
Whether the High Court erred in setting aside the no-confidence resolution passed against the Sarpanch.
Final Decision
The Supreme Court set aside the High Court's order and directed that the no-confidence motion passed on 19.10.2020 be ratified by the Special Gram Sabha as per the Collector's order. The Collector was instructed to expedite the necessary formalities.
Law Points
- No-confidence motion
- Gram Sabha
- Village Panchayat Act
- statutory compliance
- administrative instructions
