RAM PAL SINGH versus STATE OF U.P. & ORS.

RAM PAL SINGH versus STATE OF U.P. & ORS.

In the facts of the case, since all 63 members had taken oath before moving the motion, the no-confidence motion was numerically valid and maintainable; petitioner's arguments fail as he could not prove that any signatories had not taken oath.

Parties
Petitioner: Ram Pal Singh; Respondents: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
24 April 2018
Procedural Posture
Petition for Special Leave to Appeal (civil) / Petition for Special Leave to Appeal Against Allahabad High Court Judgment Dated 12.09.2017 in WC No. 41252 of 2017
Outcome
Petition dismissed
Legal Topics
Oath of Office, No Confidence Motion, Kshettra Panchayat Procedure
Local Government Election Law Oath of Office No Confidence Motion Kshettra Panchayat Procedure

Case Brief

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Parties

Ram Pal Singh

Petitioner

State of U.P. & Ors.

Respondents

Procedural Posture

Petition for Special Leave to Appeal (civil) / Petition for Special Leave to Appeal Against Allahabad High Court Judgment Dated 12.09.2017 in WC No. 41252 of 2017

Legal Issues

  1. 1 Whether an elected member who has not taken oath can sign/move a no-confidence motion against the Pramukh of Kshettra Panchayat under Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 and relevant Rules.
  2. 2 Whether the requisition for no-confidence motion was maintainable when some signatories had allegedly not taken oath.

Ratio Decidendi

In the facts of the case, since all 63 members had taken oath before moving the motion, the no-confidence motion was numerically valid and maintainable; petitioner's arguments fail as he could not prove that any signatories had not taken oath.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed.