#Local Self Government

The Kerala High Court has ruled that a panchayat’s installation of a handrail to demarcate a public pathway from adjacent private land does not constitute an unlawful obstruction under the Bharatiya Nagarik Suraksha Sanhita. This clarifies that local bodies may use non-intrusive physical barriers to prevent encroachment and preserve public access, reinforcing the autonomy of gram panchayats in managing community infrastructure without requiring formal land acquisition.

Madhya Pradesh High Court ruled that under Section 41-A of the MP Municipalities Act, 1961, the power to remove a Nagar Parishad President rests exclusively with the State Government, not the Collector. The court stayed proceedings initiated by the Collector, emphasizing jurisdictional overreach and violation of statutory authority.

Bombay HC clarifies that repeated administrative lapses, particularly systematic violations of tender rules, constitute misconduct under the Maharashtra Village Panchayat Act, justifying removal of an elected Sarpanch. The ruling sets a precedent for holding local self-government officials accountable for statutory breaches beyond mere procedural errors.

Gauhati High Court reinforces that a Municipal Chairperson’s power to reconstitute sub-committees under the Nagaland Municipal Act, 2023 is inherent and not subject to state government interference unless explicitly restricted by statute. The ruling quashes the State’s advisory as ultra vires, affirming local self-governance autonomy for urban local bodies in Nagaland.

The Himachal Pradesh High Court ruled that a ward rotated out of SC (Women) reservation under Rule 10(6) of the HP Municipal Election Rules must be allotted to the Women General Category, as the 'General Category' includes women. The court clarified that electing a woman from an open seat does not amount to re-reservation, ensuring compliance with rotational reservation mandates for local self-government.