Ordinance Amending Time To Move No Confidence Motion Regarding Municipal Council Head's Tenure Is Retroactive: Madhya Pradesh High Court
4 months ago

Ordinance Amending Time To Move No Confidence Motion Regarding Municipal Council Head's Tenure Is Retroactive: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has quashed an order calling for a no confidence motion meeting in connection with the post of President, Municipal Council under the Madhya Pradesh Municipalities Act, noting that the ordinance promulgated subsequently extending the tenure from 2 to 3 years before such a motion is passed would have retroactive application. A single judge bench of Justice Gurpal Singh Ahluwalia in its order held, "Considering the totality of the facts and circumstances of this case, this Court is of the considered opinion, that The Madhya Pradesh Municipalities Ordinance, 2024 has retroactive operation and would apply to all those cases, where although the no confidence motion might have been moved prior to promulgation of the Ordinance, but still the meeting to consider the no-confidence motion was fixed after the promulgation of Ordinance. "The Madhya Pradesh Municipalities Ordinance, 2024, merely regulates the Statutory Right to move the no-confidence motion, therefore, it is merely a Procedural Law, as it has changed the procedure only. The high court thereafter held that the Madhya Pradesh Municipalities Ordinance, 2024 would "certainly have retroactive operation and would apply to the ongoing proceeding" initiated under Section 43-A of Municipalities Act, by moving a motion of no-confidence against the President, Municipal Council, Damoh.

Court No Confidence Motion Council Right Statutory State High Elected Pradesh Madhya Pradesh Madhya Two Years Three Years Motion Municipal Collector Ordinance Second Amendment Justice Ahluwalia Municipal Council Other Districts Councilors Procedural Law Retroactive Madhya Pradesh Municipalities Three Fourths Its Order Damoh Municipalities  statutory  elected  court  madhya  noconfidence  retroactive  municipal  heads  municipalities  regarding  pradesh  tenure  state  right  ordinance  high  motion

History of this topic

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
8 months ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

'Arbitrary and Illegal': Calcutta High Court Quashes No Confidence Motion Against Nandigram Panchayat President
3 years, 6 months ago

'Arbitrary and Illegal': Calcutta High Court Quashes No Confidence Motion Against Nandigram Panchayat President

Live Law  

The Calcutta High Court on Wednesday quashed a 'no confidence' motion initiated against Pabitra Kar, President of Boyal-I, Gram Panchayat in the District of Purba Medinipur by the majority of the Panchayat members. Pursuant to the motion of 'no confidence, the Prescribed Authority and the Block Development Officer in the exercise of powers conferred under Rule 5B of the West …

BJP Leader Moves Supreme Court Challenging Madhya Pradesh High Court Order Restraining Physical Poll Campaigns
4 years, 2 months ago

BJP Leader Moves Supreme Court Challenging Madhya Pradesh High Court Order Restraining Physical Poll Campaigns

Live Law  

A plea challenging the order of Madhya Pradesh High Court which directed conduct of poll campaigns virtually, without physical gathering has been filed before Supreme Court.BJP candidate Pradyumn Singh Tomar, contesting bye-elections from Gwalior, has moved the top court through Advocate Astha Sharma, contending that the impugned interim order has violated his right to conduct election. A plea challenging the …

Elected Representative Not Enjoying The Will Of The People Can't Be Permitted To Be In Power Even For A Second: Allahabad HC [Read Order]
4 years, 3 months ago

Elected Representative Not Enjoying The Will Of The People Can't Be Permitted To Be In Power Even For A Second: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court on Thursday observed that in a democratic setup, where the right to govern depends on the will of the people, the person who has lost the majority cannot be permitted to hold office. The Division Bench Comprising Justices Shashi Kant Gupta and Piyush Agrawal specifically observed, "If a representative no longer enjoys the confidence of the …

Discover Related