S.R.Singh, J. - (1.) Heard Sri S.K. Tyagi, learned counsel for the petitioner, learned standing counsel for the State Authorities and Sri Vijai Gautam for the respondent No. 3.
(2.) The petition is directed against the proceedings of no-confidence motion dated 21.11.1997 held pursuant to the notice/order dated 25.10.1997 of the District Panchayat Raj Officer, Aligarh.
(3.) The petitioner was elected Pradhan of Gram Panchayat Lohagarh, block Kher, district Aligarh. Ten members out of eleven are said to have participated in the said meeting on 21.11.1997. Seven members voted in favour of the motion and three against the motion. The petitioner was not allowed to cast his vote. Requisite two-thirds majority required for the motion being carried as per provisions of Section 14 of the U.P. Panchayat Raj Act read with Rule 33-B of the Rules made thereunder numerically comes to 7.33 if the vote of the petitioner is also taken into account. The petitioner was admittedly not allowed to cast his vote. Had he been allowed to cast his vote, the motion would have fallen to the ground. In view of the decision of the date rendered in Civil Misc. writ petition No. 4073 of 1997, 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 Gram Panchayat by virtue of Section 12 (6) of the Act is entitled to cast his vote at the no-confidence meeting brought against him and further where requisite majority of two-thirds is short by fraction, the fraction will have to be rounded off to the next whole number.;