S.R.Singh, J. - (1.) The petition was heard along with Civil Misc. Writ Petition No. 40873 of 1997, 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 26.9.1997 pursuant to an order, dated 6.9.1997 of the District Panchayat Raj Officer, Meerut are sought to be quashed by means of this writ petition.
(2.) The petitioner was elected Pradhan of Gram Panchayat Bhainsa, Block Mawana, district Meerut. Thirteen members out of 15 are said to have participated in the said meeting held on 26.9.1997. Nine members voted in favour of the motion and four 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 9.33 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. 40873 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.
(3.) Accordingly following the decision of date in Civil Misc. Writ Petition No. 40873 of 1997, I allow the instant writ petition and quash the impugned proceedings of no-confidence dated 26.9.1997. Consequential election, if any, would stand invalidated as void and non-est being an election held against nonexistent vacancy. Petition Allowed.;