Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Village Panchayats Act 1959 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Village Panchayats Act, 1959 – s.35(3) –Majority for holding no- confidence motion – Computation of –Respondents moved a no-confidence motion against the appellant– Special meeting of Gram Panchayat for consideration of no confidencemotion was held and out of 9 members of the GramPanchayat only 8 members were present in the meeting – 6 membersvoted in favour of the motion and 2 members opposed to it – 1member who voted in favour of no-confidence motion was notqualified to vote, so only 5 valid votes were voted in favour of no confidencemotion – No confidence motion was passed – A disputeapplication under 35(3-B) of the Maharashtra Gram PanchayatRules, 1958 challenging the no-confidence motion passed was filed– Addl. Collector held that no-confidence motion was validly passed– Writ petition filed by the appellant was dismissed – On appeal,held: s.35(3) of the Act refers to majority as “a majority of not lessthan two-third of the total number of the members who are for thetime being entitled to sit and vote” – In instant case, total number ofmembers being 9 and 1 member being disqualified to sit and vote,the computation of majority has to be on the basis of number 8,two-third of the number 8 will be 5.33 – Furthermore, the words‘not less than’ used in s.35(3) of the Act has to be given meaningand purpose – When majority comes to 5.33 votes “not less than5.33” have to be given meaning, hence, 5.33 can never be roundedoff to 5, fraction has to be treated as one because votes cannot betreated as fraction – Hence, 5.33 votes to be read as 6 votes forpassing of the motion as mandated by s.35(3) – Thus, no-confidencemotion was not validly passed and the order of the Addl. Collectoras well as the High Court were erroneous – Maharashtra GramPanchayat Rules, 1958 – r.35(3-B). |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 1179 |
Petitioner | Ganesh Sukhdeo Gurule |
Respondent | Tahsildar Sinnar & Ors. |
SCR | [2018] 14 S.C.R. 914 |
Judgement Date | 2018-12-10 |
Case Number | 11916 |
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