The High Court of Allahabad notices that the representative how have lost its majority among the people cannot be permitted to be in power and to hold office because the right to govern only depends upon the will of the people and if the specific representative no longer enjoys the confidence which the people have upon the representative other elected representatives have a right to remove him and has to be replaced with a newly elected representative which may hold the confidence upon people.
This petition was filed by Pramukh of the Kotwali Kshetra Panchayat, this was based upon the no-confidence motion as per the section 15 of the Uttar Pradesh Kshetra and Zila Panchayat Act,1961, and through the petition, it was contended that there are 185 members in the Kotwali Kshetra Panchayat, Bijnor and the members exceed the numbers of members which are permitted as per the guidelines issued by the Ministry of Home Affairs, Government of India which further means that there is the chance that no proper physical and social distancing is maintained.
The court took into the account that the Act of 1961 which provides that the government and leaders in the rural areas were given the right that they can manage their own affairs on their own and can perform the functions of the government through the process of democracy and under the same provision.
It is given the right that the people can elect their own representative and further can also remove him if the action and work provided by him are satisfactory to a maximum of people because the election and removal of representatives stand one of the most aspects of the democratic setup.
The court further submitted that the elected leaders and representatives are only selected by the people as they are considered as sovereign in democracy, these alders are elected by people in free, fair, and regular elections. It is the responsibility of the leaders and representative that they must listen to the needs and demands of the people and if the satisfactory work is not done by the representative.
The people have been given full right to criticizes the representative and also to remove them and elect a new representative. Because the will of people is supreme and cannot be interfered lightly.
The court has directed the district magistrate that social and physical distancing should adhere and the members should be seated in three or four rooms instead of one and also to try the virtual sessions for the required meetings.
Accordingly the court has directed the state government to provide detailed guidelines in this regard as soon as possible. In the view of aforesaid discussions, the writ petition was dismissed.