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, 6 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]

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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 people, elected representatives have a right to remove him and he cannot be permitted to remain in power even for a second and has to be immediately replaced by a newly elected representative." In pursuance of the no-confidence motion, the District Magistrate, Bijnor issued a notice dated 21.08.2020 convening a meeting for consideration of the motion of no confidence on 15.09.2020 at 11.00 a.m. at the Kotwali Kshetra Panchayat Office. 2- The District Magistrate, Bijnor may also explore the possibility of seating the Members of the Kotwali Kshetra Panchayat in two or three separate rooms, a big hall or in open space. 4- The District Magistrate or his representative, who would be present on the spot, will be the best person to understand the ground reality for holding the proposed no-confidence motion in the best possible manner, and we hope and trust he would ensure that all the protocols, as prescribed under the guidelines and norms issued by the State and Central Governments and the observations made hereinabove, would be followed.

History of this topic

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