S.R.Singh, J. - (1.) This petition was heard along with Civil Misc. writ petition No. 40873 of 1997, Smt. Meera Devi v. State of U.P. and others as common questions of law and fact were involved in both the cases. Proceedings of no-confidence meeting held on 26.2.1997 pursuant to the order dated 1.2.1997 of the District Panchayat Raj Officer, Mirzapur are sought to be quashed by means of this petition.
(2.) The petitioner was elected Pradhan of Gram Panchayat Bitthalpur, Block Sikhar, district Mirzapur. Nine out of ten members were present at the meeting, six members voted in favour of the motion and three against the motion. The petitioner was not allowed to cast her vote. Requisite two-thirds majority required for the motion being carried as per provisions of Section 14 the U.P. Panchayat Raj Act read with rule 33-B of the Rules made thereunder numerically comes to 6.6. If the vote of the petitioner is also taken into account. The petitioner was admittedly not allowed to cast her vote. Had she been allowed to cast her vote, the motion would have fallen to the ground. In view of the decision of date rendered in Civil Misc. Writ Petition No. 40873 of 1997, Smt. Meera Devi v. State of U.P. and others this petition deserves to be allowed. It has been held in that case that Pradhan being member of the Gram Panchayat by virtue of Section 12 (6) of the Act is entitled to cast her vote at the no-confidence meeting brought against her and further that where requisite majority of two-thirds is short by fraction, the fraction will have to be rounded off to the next whole number.
(3.) Accordingly following the decision of date in Civil Misc. Writ petition No. 40873 of 1997, I allow this petition and quash the impugned proceedings of no-confidence dated 26.2.1997. Consideration election, if any, would stand invalidated as void and non-existent being an election held against non-existent vacancy. Petition Allowed.;