Supreme Court of India
Usha Bharti v. State of U.P. & Ors.
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5 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, the appeal is accordingly D dismissed.
Judgment, page 61
From the headnote
UP. KSHETTRA PANCHAYAT & ZILA PANCHAYAT ACT, 1961: s. 28 - Motion of No Confidence - Adhyaksh of the Zita Panchayat - Removal of - Held: s.28 ensures that an elected representative can only stay in power so long as such person enjoys the support of the majority of the elected members of the Zita Panchayat - No doubt, there are certain positions in the Constitution, which are filled up through election but individuals so elected cannot be removed by way of No Confidence Motion, e.g. Rajya Sabha Members, Lok Sabha Members and the President of India, however, Part IX of the Constitution of India
Authorities it was built on
- 1982 D.S. Nakara & Others v. Union of India
- 1954 Zaverbhai Amaidas v. The State of Bombay
- 2007 I. R. Coelho (dead) by Lrs. v. State of Tamil Nadu
- 1996 State of Andhra Pradesh and Ors. Etc. v. Mc. Dowell & Co. and Ors. Etc.
- 1989 Synthetics & Chemicals Ltd. Etc. v. State of U.P. and Ors.
- 1997 Union of India and Another v. G. Ganayutham (dead) by Lrs.
- 2005 Board of Control for Cricket, India and Anr. v. Netaji Cricket Club and Ors.
- 2005 M/s. Zee Tele Films Ltd. and Anr. v. Union of India and Ors.
- 1959 Deep Chand v. The State of Uttar Pradesh and Others
- 1974 Maganlal Chhagganlal (p) Ltd v. Municipal Corporation of Greater Bombay & Ors.
- 1995 M/s Khoday Distilleries Ltd. Etc. v. State of Karnataka and Ors.
- 2007 Bharat Petroleum Corpn. Ltd. v. Maddula Ratna Valli and Ors.
- 2010 Bhanumati Etc. Etc. v. State of Uttar Pradesh through its Principal Secretary and Others
- 1993 S. Nagaraj and Ors. v. State of Karnataka and Anr.
- 2004 Nirmal Jeet Kaur v. The State of Madhya Pradesh and Anr.
- 2013 State of Assam v. Ripa Sarma
- 1989 Senior Supdt. of Post Office & Ors. v. Izhar Hussain
- 1980 Director of Industries, U.P. and Ors. v. Deep Chand Aggarwal
- 2003 Babu Parasu Kaikadi (dead) by Lrs. v. Babu (dead) through Lrs.
- 1993 Dhondiram Tatoba Kadam v. Ramchandra Balwantrao Dubal
Where later benches applied it
- 2021 Sau. Sangeeta W/o Sunil Shinde v. The State of Maharashtra and Ors.
- 2023 Govt. of Nct of Delhi through the Secretary, Land and Building Department & Another v. M/s. K.L. Rathi Steels Limited and Others
- 2019 Yashwant Sinha & Ors. v. Central Bureau of Investigation through its Director & Anr.
- 2019 Seema Sarkar v. Executive Officer and Ors.
- 2015 Vipulbhai M. Chaudhary v. Gujarat Cooperative Milk Marketing Federation Limited and Others
Of those, 1 relied on · 1 distinguished · 3 referred to
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