Supreme Court of India · 2006-11-24
State Of Himachal Pradesh & Ors vs Surinder Singh Banolta
- Citation / case number
- AIR 2007 SUPREME COURT 903
- Court
- Supreme Court of India
- Petitioner
- State Of Himachal Pradesh & Ors
- Respondent
- Surinder Singh Banolta
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Markandey Katju
Judgment text excerpt
The Supreme Court held that Article 243B and Article 243O of the Constitution of India establish the framework for the constitution and functioning of Panchayats, including disqualifications for membership under Article 243F. The Court emphasized that the validity of laws related to Panchayat elections cannot be challenged in court, as per Article 243O, and that disqualifications under the Himachal Pradesh Panchayati Raj Act, 1994, specifically Section 122, must be determined by designated authorities. The Court upheld the provisions of the Act and affirmed the authority of the State Election Commission in electoral matters.