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High CourtsDivision Bench(1998) 11 AHC CK 0121

Smt. Samsa Parween vs State of U.P. and others

Allahabad High Court · Decided on 10 November 1998 · Citation: (1998) 4 AWC 312 : (1998) AWC 312

HON’BLE JUDGES
S.L. Saraf, J · M. Katju, J
RESULT
Allowed
CASE NUMBER
C.M.W.P. No. 24240 of 1998

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Judgment

6 paragraphs · 390 words

M. Katju and S.L. Saraf, JJ.—Heard Sri A. P. Sahi learned counsel for the petitioner and Sri S. N. Srivastava learned counsel for the respondents.

2.

The petitioner has challenged the motion of no-confidence against her. Petitioner was elected as a Chairman of Nagar Panchayat, Maghar. Sant Kabir Nagar. There are 15 members of Nagar Panchayat and it is alleged that in the meeting of no-confidence motion, only 9 members attended the meeting all 9 members voted against the petitioner. Hence it is contended by the learned counsel for the petitioner that 2/3rd did not cast vote against her and the motion of no-confidence could not have been said to have been carried out by the 2/3rd majority in accordance with the Section 87A (12) of the U. P. Municipalities Act. However. Sri S. N. Srivastava learned counsel for the respondents has pointed out that one of the members. Ram Asrey Paswan is a Minister in the U. P. Government and hence he was disqualified u/s 13D (f) of the U. P. Municipalities Act, which states that a person shall be disqualified if he is in the service of the State or the Central Government or any local authority.

3.

Learned counsel for the petitioner alleged that in view of Section 9 of the aforesaid Act, a person who is a M.L.A. has a right to be a member. That is no doubt correct, but once a person becomes Minister, he is in Government service and under Article 164 of the Constitution of India, he is entitled to a salary as a Minister. Hence in our opinion Ram Asrey Paswan was disqualified and thus the total number of the members of the Gram Panchayat, in our opinion, was only 14. However, 9 out of 14 is 0,64, whereas 2/3rd is 0.66. Hence assuming that number of members of the Gram Panchayat was 14 and not 15. yet 2/3rd members of the Nagar Panchayat did not vote against the petitioner in the no-confidence meeting. Hence it has to be held that no valid motion of no-confidence was passed against the petitioner.

4.

As a result this petition is allowed.

The impugned motion of no-confidence dated 25.7.98 is quashed. Petitioner shall be allowed to continue functioning as the Chairman of Nagar Panchayat, Maghar, Sant Kabir Nagar.

5.

No orders as to costs.