AIR 2014 SUPREME COURT 1686 ::2014 AIR SCW 1981 ::2014 (3) ALJ 445 ::(2014) 123 RevDec 693 ::2014 (4) Scale 275 ::AIR 2014 SC (Civil) 1201 ::(2014) 5 AllMR 453 (SC) ::(2014) 5 ADJ 48 (SC) ::(2014) 4 ADJ 587 (SC) ::2014 (4) ADJ 587 ::(2014) 3 All WC 2926 ::(2014) 2 ESC 198 ::(2014) 3 KCCR 264 ::2014 (7) SCC 663

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): Surinder Singh Nijjar, F. M. Ibrahim Kalifulla , JJ

(A) Uttar Pradesh Kshetra Samities and Zilla Parishads Adhiniyam (33 of 1961) , S.28, S.29— Constitution of India , Art.243N, Art.243F, Preamble— Adhyaksha of Zila Parishad - Removal by No Confidence Motion - Provision is consistent with fundamentals of democracy - S. 28 is therefore valid - S. 29 in no way overrides S. 28 - State is within its power to make such provision. S. 28 which provides for removal of Adhyaksha by moving No Confidence Motion is consistant with to the fundamental right of democracy that those who elect can also remove elected person by expressing No Confidence Motion for the elected person. Undoubtedly, such No Confidence Motion can only be passed upon observing the procedure prescribed under the relevant statute S. 28 cannot therefore be said to be inconsistent with Art. 243-N. To hold that a person once elected to the position of Adhyaksha should be permitted to continue in office till the expiry of the five years term, even though he/she longer enjoys the confidence of the electorate would be to destroy the foundational precepts of democracy that a person who is elected by the members of the Zila Panchayat can only remain in power so long as the majority support is with such person. S. 28 aims at preventing such catastrophe.(Para 20 25) The provisions of the 73rd Constitutional a....