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Election LawSupreme Court of India

Smt. Kavita v. The State of Uttar Pradesh Through Secretary & Ors.

Civil Appeal · 2018 INSC 782Decided 5 Sept 2018
Civil Appeal No. 2623 of 2018
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

The appellant, who was the Block Pramukh of a Kshettra Panchayat in Uttar Pradesh, faced a no-confidence motion after 32 of 59 members signed a requisition against her. She challenged the Collector's notice convening the no-confidence vote, arguing that the Collector should have investigated claims by 10 members that their signatures were obtained by fraud, and that she was not given the mandatory 15 days' notice. The Allahabad High Court rejected both arguments and dismissed her writ petition, after which the no-confidence motion was passed by a majority against her.

Decision Breakdown

The Supreme Court held that under Section 15 of the Act, a Collector's role in scrutinizing a no-confidence notice is only to check its formal validity, not to conduct a detailed evidentiary inquiry into disputed questions like fraud or forged signatures: such disputes are enquiries for a fuller proceeding, not for the Collector at the notice stage. The Court also found the appellant had failed to show the notice was defective on the 15-day timeline, noting she herself had raised an objection on the 16th day, undermining her own claim. Relying on its own recent precedent interpreting the same provision and a Full Bench ruling of the Allahabad High Court, the Supreme Court held both grounds without merit and dismissed the appeal, confirming that the no-confidence motion validly took effect.

Lesson Learnt

Local government officials issuing procedural notices (like convening a no-confidence vote) are not required to resolve factual disputes such as allegations of forged signatures before acting: such disputes must be raised and proven through a separate, fuller process, and cannot be used to block statutory timelines.

Smt. Kavita v. The State of Uttar Pradesh Through Secretary & Ors. – Legal Case Shots | LegalAware