Samsa Parween v. State Of U.P And Others

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

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.

3. 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 and all 9 members voted against the petitioner. Hence it is contended by the learned counsel for the petitioner that ⅔rd did not cast vote against her and the motion of no confidence could not have been said to have been carried out by the ⅔rd majority in accordance with the Section 87-A(12) of the U.P Municipalities Act. However, Sri S.N Srivastava learned counsel for the respondents has pointed out that one of the member Ram Asrey Paswan is Minister in the U.P Government and hence he was disqualified under Section 13-D(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.

4. Learned counsel for the petitioner alleged that in view of Section 9 of the aforesaid Act 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 and 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 O. 6, whereas ⅔rd is O. 66. Hence assuming that the member of the Gram Panchayat was 14 and not 15 yet ⅔rd 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.

5. As a result this petition is allowed.

6. Impugned motion of no confidence dated 25.7.1998 is quashed. Petitioner shall be allowed to continue functioning as the chairman of Nagar Panchayat, Maghar, Sant Kabir Nagar.

7. No orders as to costs.

8. Petition Allowed.