VidhiSangh

Supreme Court of India · 27/09/2018

PADMINI SINGHA versus THE STATE OF ASSAM & OTHERS

[2018] 12 S.C.R. 235 · 2018 INSC 901

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored the no-confidence resolution against a Gaon Panchayat President, setting aside the High Court’s orders invalidating the meeting for procedural defects. The President knowingly participated in the meeting and challenged its convening procedure only after losing the vote. In the circumstances, the statutory condition existed for her benefit and no public interest was affected, so she had waived it. The Court directed the competent authority to implement the resolution’s consequences.

Issues

  1. Whether participation in the no-confidence meeting waived the procedural objection concerning its convening and presiding authority.
  2. Whether the resolution should remain invalid despite that participation and the absence of affected public interest.

Provisions considered

Held

Result

Appeal allowed; High Court orders set aside, no-confidence resolution upheld and implementation directed. No costs.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 235.