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Subhash & Ors. v. Surekha Hanumant Bankar & Ors.

Civil Appeal · 2021 INSC 124Decided 26 Feb 2021
Civil Appeal arising out of SLP (Civil) No. 1727 of 2021
Justice A.M. Khanwilkar · Justice Dinesh Maheshwari

Background

Respondent No. 1 was directly elected Sarpanch of a Gram Panchayat in Maharashtra. Members of the Panchayat passed a no-confidence resolution against him with the required majority. The Sarpanch challenged this before the Collector, who directed that a Special Gram Sabha be held by secret ballot to ratify the no-confidence motion. The Sarpanch then went to the Bombay High Court, which set aside both the Collector's order and the underlying no-confidence resolution itself. The appellants (the Panchayat members who had passed the resolution) challenged the High Court's order before the Supreme Court.

Decision Breakdown

The Supreme Court held that the Collector's direction was fully in line with the amended Section 35-1A of the relevant Village Panchayat Act, which requires a no-confidence motion passed by the requisite majority to be ratified at a Special Gram Sabha by secret ballot. The Sarpanch's argument, that an administrative guideline requiring ratification within 10 days meant the resolution had lapsed because that period had expired, was rejected, since no provision of the Act itself provided for such automatic lapse, and the delay was largely because the Sarpanch himself had kept litigating the matter. The Court set aside the High Court's judgment and restored the position as directed by the Collector, directing the Special Gram Sabha to be convened for ratification, and ordered that until then the Upa-Sarpanch would hold charge.

Lesson Learnt

An elected office-bearer cannot use procedural delay caused by their own litigation as a shield to defeat a validly passed no-confidence motion; administrative guidelines cannot override or create a lapse of rights not contemplated by the statute itself.

Official source (sci.gov.in)View Judgment (PDF)

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