SUBHASH & ORS. versus SUREKHA HANUMANT BANKAR & ORS.

SUBHASH & ORS. versus SUREKHA HANUMANT BANKAR & ORS.

The High Court's order setting aside both the Collector's order and the no-confidence resolution was set aside; the no-confidence resolution of 19.10.2020 did not lapse merely because of administrative guidelines and must be taken forward in accordance with law by convening a Special Gram Sabha for ratification as directed by the Collector.

Parties
Appellants: SUBHASH & ORS.; Respondents: SUREKHA HANUMANT BANKAR & ORS.
Jurisdiction
India
Judgment Date
26 February 2021
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From the High Court Judgment in Writ Petition No.238 of 2021
Outcome
Appeal allowed in part; the High Court judgment and order dated 20.01.2021 set aside to the extent it set aside the Collector's order and the Gram Panchayat resolution.
Legal Topics
No Confidence Motion, Ratification by Special Gram Sabha, Village Panchayat Act Section 35 1 a, Judicial Review of Administrative Directions
Local Government Administrative Law Elections No Confidence Motion Ratification by Special Gram Sabha Village Panchayat Act Section 35 1 a Judicial Review of Administrative Directions

Case Brief

Summary, issues, holding and outcome

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Parties

SUBHASH & ORS.

Appellants

SUREKHA HANUMANT BANKAR & ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From the High Court Judgment in Writ Petition No.238 of 2021

Legal Issues

  1. 1 Whether the High Court erred in setting aside the no-confidence resolution passed by the Gram Panchayat
  2. 2 Whether administrative guidelines or departmental directions caused the resolution to lapse for non-placement before the Special Gram Sabha within a stated period
  3. 3 Whether the Collector's direction that the no-confidence motion be ratified by a Special Gram Sabha in the presence of an Officer appointed by the Collector was lawful

Ratio Decidendi

The High Court's order setting aside both the Collector's order and the no-confidence resolution was set aside; the no-confidence resolution of 19.10.2020 did not lapse merely because of administrative guidelines and must be taken forward in accordance with law by convening a Special Gram Sabha for ratification as directed by the Collector.

Court Disposition

Appeal allowed in part; the High Court judgment and order dated 20.01.2021 set aside to the extent it set aside the Collector's order and the Gram Panchayat resolution.

Orders

  • The impugned judgment and order of the High Court dated 20.01.2021 is set aside.
  • The parties are relegated to the position stated in the Collector's order dated 31.12.2020 and the Collector shall comply with necessary formalities regarding ratification of the no-confidence resolution dated 19.10.2020.