HARMESH RANA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) How many would constitute two-third majority if the Municipal Council consists of 14 members in all, one of which is dead is the short and crisp question arising for consideration in this case. Incidental issue would also be to see what will be the position when exact two-third comes more than the whole number by fraction in which case whether it has to be rounded off to lower or higher whole number.

(2.) Both the questions as marshaled above are apparently covered by earlier precedents but still the issue had unnecessarily been debated by the counsel appearing for the respondents, who were movers of this 'No Confidence Motion'.

(3.) The issue has been raised by the petitioner, who is President of Municipal Council, Kuraril and has faced a no confidence motion, which, as per the stand of the respondents is stated to have been carried by two-third majority of the members constituting the Municipal Council.