VidhiSangh

Supreme Court of India · 17/05/2018

KIRAN PAL SINGH versus THE STATE OF UTTAR PRADESH & ORS.

[2018] 4 S.C.R. 535 · 2018 INSC 530

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

Summary

The Supreme Court rejected a Pramukh’s contention that merely submitting an earlier no-confidence notice barred a fresh notice for one year. Under Section 15(12), the prohibition arises when a duly convened motion fails or the meeting cannot be held for want of quorum. No meeting had been convened on the first notice here. The Court also confined the Collector’s scrutiny to summary verification of statutory notice requirements, rather than trial of disputed allegations.

Issues

  1. Whether receipt of an earlier no-confidence notice, without a convened meeting, triggers the one-year bar on a subsequent notice.
  2. What scrutiny the Collector may undertake before convening the meeting.

Provisions considered

Held

Result

Appeal dismissed without costs. The challenge to the subsequent no-confidence notice based on the one-year prohibition failed.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 535.