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High Court: No-confidence motion against block chief cannot be brought within two years, amendment law correct A to Z Counsel

इलाहाबाद हाईकोर्ट


Allahabad High Court
– Photo: Amar Ujala

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The Allahabad High Court dismissed the petition challenging the validity of the Ordinance amending Section 15(13) of the Uttar Pradesh Kshetra Panchayat and District Panchayat Act. In this, despite the commencement of no-confidence motion proceedings against the Kshetra Panchayat chief before the amendment came into effect, it was challenged to quash it on the ground that no-confidence motion cannot be brought within two years of assuming office under the amended law. Earlier this period was of one year.

The court said the effect of the amended legal process would be retrospective. That’s why the District Magistrate did not make any mistake by canceling the no-confidence motion against the chief brought before two years. As per the new rules, no-confidence motion cannot be tabled for discussion within two years of assuming office. This order has been given by the division bench of Justice Sunita Aggarwal and Justice VC Dixit while deciding several petitions including Anuj Kumar and others. In the case, from October 4, 2022, the rule of bringing no-confidence motion against the area panchayat chief after one year was amended to two years. That is, no-confidence motion cannot be brought within two years of assuming office.

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