In A Democratic System, The Will Of The Majority Prevails: SC

In a democratic system, the will Of the majority prevails- SC.

The Supreme Court upheld the decision of the Bombay High Court, saying – in a democratic system, the will of the majority prevails.

The Supreme Court on Wednesday upheld the Bombay High Court order permitting the selection of a member of the Congress elected as group leader by virtue of majority support in a panchayat Samiti in Maharashtra, saying that in a democratic setup, the will of the majority prevails.

The leader is elected by the majority, cannot be imposed.

Justice L. Nageswara Rao and Justice BR Gavai said that the leader of a group in a municipality is elected by the majority, cannot be imposed, and in the absence of a process of removal.

The person has to get rid of him after he loses the majority support. The selection process can be followed for the removal.

Justice Gavai said – imposing a group leader weakens the roots of democracy.

Justice Gavai, who wrote the judgment for the bench, said that the imposition of a group leader other than the democratic process undermines the very roots of democracy and is certainly a violation of rules.

It states, ‘As soon as such a person loses the confidence of the majority, he becomes unwanted. In a democratic system, the will of the majority should prevail.

The top court upheld the decision of the Bombay High Court.

This decision was filed against a decision of the Bombay High Court dated March 30, 2021, by S. Came on an appeal by Sangeeta.

The High Court had dismissed Sangeeta’s appeal against an order passed by the Ahmednagar District Collector on January 6, 2020.

The District Collector had given the approval to elect Vandana Dnyaneshwar Murkute as the party leader of the Congress in the Shrirampur Panchayat Samiti party.

Three others, including Sangeeta and Murkute, were elected as members of the Panchayat Samiti, Shrirampur in the 2017 election.

Meeting of elected members of the party

Sangeeta was chosen as the group leader of the Indian National Congress Panchayat Samiti (INCPS) party at a meeting of the party’s elected members and was later removed following complaints that she did not vote for the other three members of the INCPS.

So taken into confidence nor convened any meeting for more than two years. Later, Sangeeta was elected the President of the Panchayat Samiti with the help of elected members of other parties.

The High Court had dismissed his application against his removal from the post of a group leader.

The top court said- the appellant was chosen as the group leader.

“The appellant was chosen as the group leader when he had the support of all the members of the INCPS,” the top court said.

However, when she decided to take a different path, she lost the majority support of the INCPS and thus could not impose her leadership on the majority.

The top court said – laws and rules have been made to maintain purity in the political system.

The top court, in its judgment, said that laws and rules have been made to prevent horse-trading and to maintain order in the political system.

But at the same time, the provisions cannot be interpreted in such a way that a person living in a minority imposes itself on other members, who are in absolute majority.