CASE BRIEF

CASE NAME AND CASE LAW:

Laxmi Singh v. Rekha Singh.; (Civil Appeal No. 002638-002639
of 2020); [Section 94 of Representation Of People Act, 1951]
FACTS:
A motion of no confidence was moved by elected members of
Zila Panchayat, Uttar Pradesh in October 2018 against the
Panchayat Adhyaksha- respondent. A presiding officer was
appointed in summoned meeting to consider the motion. The
respondent approached District Court to set aside the motion
as the CCTV footage produced showed that some of the
members had displayed their ballot papers or by their conduct
revealed their vote, but the motion was considered. On an
appeal to High Court, it was held that disclosure of vote during
the non-confidence motion would affect purity of elections and
set aside the minutes of the non-confidence motion passed.
Hence, this appeal has been filed by the petitioner.
ISSUE:
Whether a fresh motion can be considered?
JUDGEMENT:
The Hon’ble Supreme Court on June 19 th,2020 by the 3- judges
bench of Justice A. M. Khanwilkar, Justice Dinesh Maheshwari
and Justice Sanjiv Khanna held that justice will be obtained
only when the motion has been put to revote with secret ballot
in the Zila Parishad with a presiding officer and it should be
completed within 2 months.