SHYAM NARAYAN RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Reference to Larger Bench emanates from an order dtd. 7/12/2018 passed by a Division Bench in Shyam Narayan Ram Vs. State of U.P. and others, 2019 (2) ADJ 21 having its genesis in the divided opinion of their Lordships of Supreme Court in Ram Pal Singh Vs. State of U.P. and others, (2018) 6 SCC 692. The question referred to the Larger Bench is-

(2.) The background facts in which the aforesaid issue had arisen before the Division Bench was that the petitioner therein was an elected Pramukh of a Kshettra Panchayat, which had a total strength of 120 members. A motion of no confidence was moved against him by 81 members. It was successfully passed in the meeting of Kshettra Panchayat held for the purpose. In the meeting, 79 members participated, out of which, 74 voted in favour of the motion. The no confidence motion passed against the petitioner was subject matter of challenge in the writ petition before this Court on the ground that out of total elected members, only 69 had subscribed to oath of office and the remaining 51 had not taken oath. Large number of those members (13 members), who had not taken oath, were signatory to the notice of intention to bring no confidence motion and had also participated in the meeting in which the no confidence motion was passed. It was contended that the elected members who had not subscribed to oath, were not entitled to sign the notice and/or participate in the meeting. If these elected members are excluded, the no confidence motion was not signed by more than half of the total number of elected members. Thus, the no-confidence motion was not validly passed.

(3.) Before we proceed further, it would be useful to advert to the facts of Ram Pal Singh's case (supra) and the divergence of opinion noted by the Division Bench of this Court in Shyam Narayan Ram's case (supra) resulting in Reference to Larger Bench.