VidhiSangh

Supreme Court of India · 05/09/2018

SMT. KAVITA versus THE STATE OF UTTAR PRADESH THROUGH SECRETARY & ORS.

[2018] 10 S.C.R. 656 · 2018 INSC 782

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Summary

The Supreme Court dismissed a Block Pramukh’s challenge to a no-confidence meeting notice. The Collector’s scrutiny under Section 15 of the U.P. Panchayat legislation is summary: it permits checking essential notice requirements but not a full evidentiary trial into disputed allegations of fraud in obtaining signatures. The challenge alleging inadequate notice was also rejected on the record; the meeting had proceeded and the motion carried by a majority.

Issues

  1. Whether the Collector had to conduct a detailed enquiry into members’ allegations that their signatures were obtained by fraud.
  2. Whether the no-confidence notice failed to provide the required fifteen days’ notice.

Provisions considered

Held

Result

Appeal dismissed without costs; rejection of the challenge to the no-confidence notice upheld.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 656.