SAMSA PARWEEN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.P.Sahi learned counsel for the petitioner and Sri S.N.Srivastava learned counsel for the respondents. 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 and all 9 members voted against the petitioner. Hence it is contended by the learned councel 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 87 a(12) of the U.P. municipalities Act. However, Sri S.N. Srivastava learned counsel for the respondent has pointed out that one of the member Ram Asrey Paswan is Minister in the U.P. Government hence he was dis-qualified under section 13D(f) of the U.P. Municipalities Act stated that a person shall be dis-qualified if he is in the service of the State or the central Government or any local authority.

(2.) Learned councel for the petitioner alleged that in view of section 9 of the aforesaid Act person who is a M.L.A. has right to be a member that is no doubt correct but once a person becomes Minister he is in Government service under Article 164 of the Constitution of India and he is entitiled to a salary as a Minister. Hence Ram Asrey Paswan was dis-qualified the Total number of the members of the Gram panchayat in our opinion was only 14. However, 9 out 14 is 0.64, whereas 2/3rd is 0.66. Hence assuming that members of Gram Panchayat did not vote against the petitioner in the no confidence was passed against the petitioner.

(3.) As a result this petition is allowed. The impugned motion of no confidence dated 25.7.98 is quashed shall be continue functioning as the chairman of Nagar Panchayat, Maghar, sant Kabir Nagar.