USHA BHARTI versus STATE OF U.P. & ORS.

USHA BHARTI versus STATE OF U.P. & ORS.

Section 28 of U.P. Kshettra Panchayat & Zila Panchayat Act, 1961 is not inconsistent with Part IX or Article 243N of the Constitution; it does not dilute reservation provisions, allows removal of Adhyaksha by No Confidence Motion, and does not violate constitutional or statutory principles; the appeal against the High Court order dismissing the writ petition and review petition is without merit and dismissed.

Parties
Appellant: Usha Bharti; Respondents: State of U.P. & Ors.; Appellant: Smt. Rukmini Devi
Jurisdiction
India
Judgment Date
28 March 2014
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
No Confidence Motion, Panchayati Raj Institutions, Reservation, Validity of Statutes, Review of Court Orders
Constitutional Law Local Government Election Law Administrative Law No Confidence Motion Panchayati Raj Institutions Reservation Validity of Statutes +1 more

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Parties

Usha Bharti

Appellant

State of U.P. & Ors.

Respondents

Smt. Rukmini Devi

Appellant

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether Section 28 of the U.P. Kshettra Panchayat & Zila Panchayat Act, 1961 is repugnant to Part IX of the Constitution of India
  2. 2 Whether Section 28 invalidates or frustrates reservation for Scheduled Caste Ladies
  3. 3 Whether the removal of Adhyaksha by No Confidence Motion is constitutionally valid

Ratio Decidendi

Section 28 of U.P. Kshettra Panchayat & Zila Panchayat Act, 1961 is not inconsistent with Part IX or Article 243N of the Constitution; it does not dilute reservation provisions, allows removal of Adhyaksha by No Confidence Motion, and does not violate constitutional or statutory principles; the appeal against the High Court order dismissing the writ petition and review petition is without merit and dismissed.

Court Disposition

Appeal dismissed

Orders

  • Contempt Petition dismissed as infructuous
  • Civil Appeal No. 4199 of 2014 dismissed