GANESH SUKHDEO GURULE versus TAHSILDAR SINNAR & ORS.

GANESH SUKHDEO GURULE versus TAHSILDAR SINNAR & ORS.

The computation of two-third majority must be based on the number of members entitled to sit and vote, excluding disqualified members. When two-third results in a fraction, it must be treated as a whole vote, so 5.33 is read as 6. As only 5 valid votes were cast in favour, the no-confidence motion was not validly passed.

Parties
Appellant: Ganesh Sukhdeo Gurule; Respondents: Tahsildar Sinnar & Ors.
Jurisdiction
India
Judgment Date
10 December 2018
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
No Confidence Motion, Computation of Majority, Disqualification of Member
Local Government Law No Confidence Motion Computation of Majority Disqualification of Member

Case Brief

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Parties

Ganesh Sukhdeo Gurule

Appellant

Tahsildar Sinnar & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 How should two-third majority required for passing a no-confidence motion under s.35(3) of Maharashtra Village Panchayats Act, 1959 be computed?
  2. 2 Whether votes of disqualified members can be counted for no-confidence motion or computation of majority?

Ratio Decidendi

The computation of two-third majority must be based on the number of members entitled to sit and vote, excluding disqualified members. When two-third results in a fraction, it must be treated as a whole vote, so 5.33 is read as 6. As only 5 valid votes were cast in favour, the no-confidence motion was not validly passed.

Court Disposition

Appeal allowed

Orders

  • Proceedings dated 14.09.2018, order of the Addl. Collector approving the proceedings, and judgment of the High Court dismissing the writ petition are set aside
  • No-confidence motion not validly passed against appellant