JIVENDRA NATH KAUL ETC. versus THE COLLECTOR/DISTRICT MAGISTRATE AND ANR ETC.

JIVENDRA NATH KAUL ETC. versus THE COLLECTOR/DISTRICT MAGISTRATE AND ANR ETC.

'For the time being' in Section 28(11) of the Act refers to the actual members of the Zilla Parishad in existence on the date of the no confidence motion. Since out of 60 lawful members, 31 voted in favour, the motion was rightly carried by more than half of the total number of members for the time being.

Parties
Appellant: Jivendra Nath Kaul; Respondents: The Collector/District Magistrate and Anr
Jurisdiction
India
Judgment Date
24 July 1992
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of High Court
Outcome
Appeal dismissed
Legal Topics
No Confidence Motion, Disqualification of Members, Interpretation of 'for the Time Being'
Local Government Law Statutory Interpretation No Confidence Motion Disqualification of Members Interpretation of 'for the Time Being'

Case Brief

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Parties

Jivendra Nath Kaul

Appellant

The Collector/District Magistrate and Anr

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of High Court

Legal Issues

  1. 1 Whether 'for the time being' in Section 28(11) of U.P. Kehhetra Samiti and Zilla Parishad Adhiniyam, 1961 refers to actual membership on date of no confidence motion
  2. 2 Whether the motion of no confidence was carried by required majority after excluding disqualified nominated members

Ratio Decidendi

'For the time being' in Section 28(11) of the Act refers to the actual members of the Zilla Parishad in existence on the date of the no confidence motion. Since out of 60 lawful members, 31 voted in favour, the motion was rightly carried by more than half of the total number of members for the time being.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs