DUYU SAMBYO Vs. SECRETARY PANCHAYAT RAJ

JUDGEMENT

(1.) HEARD Mr. Habung Tangu, learned counsel for the petitioners, Mr. N. Lowang, learned Addl. Senior Government Advocate appea-ring for Respondent Nos. 1 and 2 and Mr. S. Koyang, learned counsel for the respondent No. 4. None appears on behalf of the private respondent. No 3 in spite of notice being served upon him.

(2.) THE fact leading to filing of this writ petition may be stated thus: The petitioners, 11 in number, are directly elected members of 7-Reru-Kalung Anchal Samiti Segment, Ziro-1. The respondent No. 4 was also elected as Anchal Chairperson for the aforesaid segment of Anchal Samiti. The petitioners, on several occasions, approached the respondent No. 4 with request to convene meeting to discuss about the implementation of development schemes in the said Anchal Samiti Segment but he turned deaf ear and as a result, many schemes remained unimplem-ented. They, having lost confidence on respondent No. 4, initiated no-confidence motion against him under the provision of Section-63 of the Arunachal Pradesh Panchayati Raj Act, 1997 (hereinafter called as "1997 Act" only). A meeting was convened on 25.8.2010 for discussion on the no confidence motion. Altogether 17 members remained present in the meeting and cast their votes. All the 11 petitioners/ASMs cast their votes in favour of motion while 6 members ASMs including respondent No. 4 cast their votes against the motion. The Member Secretary concerned prepared minutes of no- confidence proceeding of the meeting held on 25.8.2010 in which he recorded that two-thirds (2/3) of total 17 ASMs is 11.33 and as the petitioners could not secure two-thirds (2/3) of the total directly elected members, no- confidence motion was rejected.

(3.) AS per the pleadings of the parties, the facts are found undisputed. The dispute remains focussed on the calculation of fraction, more precisely, whether the fraction below point fifty (.50) is to be rounded up to make 11.33 as 12 to attain the required two-thirds (2/3) majority of 17 members to get the no-confidence motion passed.