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Supreme Court of India 2020-09-01 dismissed

SAU. SANGEETA W/O SUNIL SHINDE vs THE STATE OF MAHARASHTRA AND ORS

Bench: 2 — L. Nageswara Rao, B.R. Gavai

In Brief

A woman elected as party leader (Gatneta) of a Panchayat Samiti party for five years was removed and replaced by another member who enjoyed majority support. The appellant challenged the removal, arguing that the party's own rules prescribed a five-year tenure and no removal mechanism. The Supreme Court upheld the removal, holding that a party leader can only continue in office so long as they enjoy the confidence of the majority. The Court rejected the argument that fixed terms prevent removal, ruling that the democratic will of the majority must prevail—a leader in the minority cannot be thrust upon members in the majority. The appellant's own conduct, including voting against party interest with rival groups, justified the majority's action.

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