AIR 1998 SUPREME COURT 1222 ::1998 AIR SCW 1059 ::1998 ALL. L. J. 832 ::1998 (1) ADSC 146 ::(1998) RevDec 176 ::1998 (1) UJ (SC) 265 ::1998 UJ(SC) 1 265 ::1998 (1) SCC 680 ::1998 (1) RecCivR 309 ::(1997) 7 Scale 704 ::1998 (1) All CJ 453 ::(1998) 2 All WC 817 ::1998 (1) UPLBEC 192 ::(1997) 10 Supreme 469 ::(1997) 10 JT 235 (SC) ::1997 (10) JT 235

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): S. C. Agrawal, S. Rajendra Babu , JJ

Uttar Pradesh Panchayat Raj Act (26 of 1947) , S.14— Validity - S. 14 in so far as it empowers the members of the Gram Panchayat to remove the Pradhan of a Gram Sabha by moving a motion of no-confidence - Is not unconstitutional and void being violative of the concept of democracy or is not arbitrary and unreasonable so as to be hit by Art. 14 of the Constitution. Constitution of India , Art.14— Section 14 in so far as it empowers the members of the Gram Panchayat to remove the Pradhan of a Gram Sabha by moving a motion of no-confidence, is not unconsti-tutional and void being violative of the concept of democracy or is not arbitrary and unreasonable so as to be hit by Art. 14 of the Constitution. Although under S. 14 of the Act the power of removal of a Pradhan is conferred on the members of the Gram Panchayat, which is a smaller body than the Gram Sabha, but the members of the Gram Panchayat, having been elected the members of the Gram Sabha, represent the same electorate which has elected the Pradhan. The removal of a Pradhan by two-thirds members of the Gram Panchayat who are also elected representatives of the members of the Gram Sabha is, in fact, removal by the members of the Gram Sabha through their representatives. An arbitrary functioning of a Pradhan is disregard to the statute or his acting contrary to the interests of the electora....