No-confidence can’t be vested in the bureaucracy: SC

“He (official) can’t be a dictator. There are basic tenets of democracy and Article 14 cannot be violated. It is violative of the preamble of the Constitution.

“It is killing the spirit of democracy. It is a legislative perversion. You have created a situation where a sapranch can never be removed by a no-confidence motion. No confidence motion is an integral an inherent right,” the Bench said.

The apex court made the remarks while refusing to entertain the state government’s appeal challenging Punjab and Haryana High Court’s decision to quash the amendment as being unconstitutional.

The high court had last month struck down the implementation of the Punjab Panchayati Raj Amendment Act,2011. It was sought to be put into retrospective effect from July 1 last.

Under the controversial amendment which was introduced by way of Section 1(2),sarpanches cannot be removed by a no-confidence motion at least for two years. Their subsequent removal was subject to an application made to the block development officer or other senior officials who were virtually given the power to scrutinise the motion and decide on it.

The apex court rejected Additional Advocate General Rupinder Singh Kaushal’s plea that the amendment was made to prevent group ism in villages.

“It is violative of the basic structure of the Constitution. It will lead to a very dangerous situation. Tomorrow you will come out with a legislation by extending the term of a sarpanches by 10,15,or 20 years also. You will say he can’t be removed,” the Bench said.

“It is for the people at the grass roots level to decide. How can it be that the members cannot remove a sapranch through no-confidence if he is involved in corrupt practises?

“The centre of power is not at the panchayat but at somewhere else,” the apex court said.

Prior to the amendment under Section 19 of the Panchayati Raj Act 2008,2/3rd of the Panches of a Panchayat can pass a no-confidence motion against a Sarpanch leading to his/her removal from the office.

However,by the amendment Section 19 was deleted and the following provisions were incorporated.

(1) To move a “no confidence motion against Sarpanch (i) an application regarding intention to move a motion of no-confidence against a Sarpanch to be made to the Block Development and Panchayat Officer by a two-thirds majority of the total number of Panches of the Gram Sabha concerned.

“Provided that no such application shall be made unless a period of two years has elapsed from the date on which the Sarpanch assumed his office.

(2) The Block Development and Panchayat Officer shall,within a period of fifteen days of receipt of application under sub section (i),convene a meeting of the Gram Sabha by giving seven days in notice for discussing and taking a decision on the no confidence motion.

If the no-confidence motion is carried in the meeting convened under sub section 2 which shall be presided over by the Block Development and Panchayat Officer or an Officer not below the rank of Social Education and Panchayat Officer authorised by the Block Development and Panchayat Officer in this behalf,by a majority of the Gram Sabha present and voting concerned,the Sarpanch shall be deemed to have been removed from his office,and a new Sarpanch shall be elected in his place. “Provided that if the no-confidence motion is lost,another such motion shall not be moved against that Sarpanch before the expiry of two years from the date of its having been lost,” the amendment had said.