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Supreme Court of India 2021-09-01 dismissed

Sau. Sangeeta w/o Sunil Shinde vs State of Maharashtra and Ors

Bench: 2 — B.R. Gavai

In Brief

A woman elected as party leader (Gatneta) of a Panchayat Samiti Party challenged her removal by the District Collector acting on a party resolution. She argued she could not be removed until five years elapsed per party rules. The Supreme Court held that while party leaders must be changed through democratic process, this process can occur when the majority of party members withdraws support. The appellant lost majority support after contesting the Chairman election against her party's direction with rival-group backing. The Court upheld that in democracy, the majority's will must prevail and no individual can impose leadership on a dissenting majority.

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Constitutional Law Election Law Local Government Anti-Defection Political Parties Administrative Law

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