RAEES AHMAD versus STATE OF U.P. AND ORS.

RAEES AHMAD versus STATE OF U.P. AND ORS.

Nominated members, while not entitled to vote, are part of the municipality and must be taken into account in ascertaining if the statutory two-third majority for a no-confidence motion is met. Excluding them is contrary to the statute's plain language.

Parties
Appellant: Raees Ahmad; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
10 December 1999
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Municipalities, No Confidence Motion, Nominated Members
Local Government Law Municipalities No Confidence Motion Nominated Members

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Parties

Raees Ahmad

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Allahabad High Court

Legal Issues

  1. 1 Whether nominated members are to be counted in the total number of members for the calculation of two-third majority in a no-confidence motion against the President of a Nagar Panchayat under the U.P. Municipalities Act, 1916

Ratio Decidendi

Nominated members, while not entitled to vote, are part of the municipality and must be taken into account in ascertaining if the statutory two-third majority for a no-confidence motion is met. Excluding them is contrary to the statute's plain language.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of Allahabad High Court set aside
  • Appellant's writ petition allowed in terms of prayer (a)