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Supreme Court of India 2018-04-24 dismissed

Ram Pal Singh vs State of U.P. & Ors

Bench: 2 — Madan B. Lokur, Deepak Gupta

In Brief

Ram Pal Singh, elected Pramukh of a Kshettra Panchayat in Uttar Pradesh, challenged a No Confidence Motion signed by 39 elected members, contending that 13 signatories had not taken oath and should be excluded. The Supreme Court held that taking the oath of office does not determine elected membership status; an elected person remains an elected member regardless of whether they have taken oath. While unsworn members cannot physically participate in Panchayat proceedings, they retain eligibility to sign such motions. Finding that all 63 members had actually taken oath, the Court held the No Confidence Motion numerically valid. The judgment emphasised the solemnity of oath-taking and recommended legislatures impose serious consequences for non-compliance.

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Panchayat Law Constitutional Law Election Law Administrative Law Oath of Office No Confidence Motion Elected Members

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