RAM PAL SINGH vs THE STATE OF UTTAR PRADESH

The Supreme Court clarified that an 'elected member' of a Kshettra Panchayat, as defined under Section 6(1)(b) of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, remains an elected member regardless of whether they have taken the oath of office. The Court held that the only consequence of not taking the oath is the inability to take a seat in the Panchayat, as per Rule 3(3) of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Oath of Office of Adhyaksha or Pramukh Etc.) Rules, 1994. Thus, the sanctity of the oath does not affect the status of being an elected member.