TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Supreme Court Upholds No-Confidence Motion Validity under U.P. Municipalities Act</h1> The Supreme Court upheld the validity of the no-confidence motion passed under section 87-A of the U.P. Municipalities Act, ruling that the right to ... - Issues Involved:1. Validity of the no-confidence motion passed u/s 87-A of the U.P. Municipalities Act.2. Alleged statutory arbitrariness of Sections 47-A and 87-A of the Act.3. Reduction of the period for tabling a no-confidence motion from two years to one year.Summary:1. Validity of the No-Confidence Motion Passed u/s 87-A:The appellant challenged the validity of the no-confidence motion passed on 28th March 1990, u/s 87-A of the U.P. Municipalities Act, arguing it was violative of democratic principles. The Supreme Court held that the right to remove an elected representative must stem from the statute and is not a fundamental or common law right. The Court emphasized that the recall of an elected representative is a legislative power and should be tested on statutory provisions rather than political philosophy. The Court found that the provisions for the election and removal of a President in the Act were constitutionally valid and did not violate democratic norms.2. Alleged Statutory Arbitrariness of Sections 47-A and 87-A:The appellant contended that Sections 47-A and 87-A were irrational and violated Article 14 of the Constitution. The Court held that the provisions for the removal of a President by a no-confidence motion by the Board were consistent with the democratic principle of accountability. The Court noted that the Act provided a detailed framework for the election and removal of Presidents, and there was no constitutional challenge to these provisions. The Court also highlighted that the legislative history showed a consistent approach to the removal of Presidents by the Board, irrespective of whether they were elected by the Board or the electorate.3. Reduction of the Period for Tabling a No-Confidence Motion:The appellant challenged the reduction of the period during which a no-confidence motion could be tabled from two years to one year, arguing it was arbitrary and lacked a reasonable principle. The Court rejected this argument, stating that legislative actions are presumed to be valid unless proven otherwise. The Court noted that the period for moving a motion of no-confidence had been changed multiple times in the past and that such changes were within the legislative domain. The Court found no merit in the argument that the reduction was arbitrary or motivated by extraneous considerations.Conclusion:The Supreme Court dismissed the appeal, upholding the validity of the no-confidence motion passed u/s 87-A, the statutory provisions of Sections 47-A and 87-A, and the reduction of the period for tabling a no-confidence motion. The Court found no violation of democratic principles or constitutional provisions in the impugned actions. The appeal was dismissed with no order as to costs.
TaxTMI 
TaxTMI 
