1999 INSC 0968
                                        SUPREME COURT OF INDIA

                                                    Raees Ahmad

                                                         Versus

                                              State of U.P. and others

                            (S.P. Bharucha and Syed Shah Mohammed Quadri, JJ)

                                          Civil Appeal No. 7182 of 1999

                                                      10.12.1999

JUDGMENT

    1. Leave granted
    2. At the relevant time the Nagar Panchayat, Jalalabad (the Municipality) consisted of 21

         members, thus : one President and fifteen elected, two ex-officio ad three nominated
         members. A no-confidence motion was moved against the President, the appellant, and
         thirteen members voted in support. The motion was held to have been carried on 14.10.1998
         and this was challenged by he appellant in a writ petition before the High Court at
         Allahabad. The writ petition was dismissed on the basis that since the three nominated
         members could not vote, their number could not be taken into consideration for the purposes
         of the non-confidence motion and the two thirds majority thereon had to e calculated by
         excluded them.
    3. Section 87-A of the U.P. Municipalities Act, 1916 deals with a motion of no-confidence
         against the President, Sub-Section (12) thereof reads:

         "(12) The motion shall be deemed to have been carried only when it has been passed by a
         majority of two-thirds of the total number of members of the municipality."

         Section 9(d) of the said Act deals with the composition of a municipality and states that it
         shall consist of a President, elected members, ex officio members and nominated members.
         Nominated members are mentioned in clause (d) thereof and the proviso thereto states :-

         "Provided that the persons referred to in clause (d) shall not have the right to vote in the
         meeting of the municipality."

    4. It will be noticed that nominated members are part of the composition of the municipality
         and are referred to in the statute as the nominated members thereof. For the purpose of
         finding whether a motion of no-confidence against the President has been carried, what has
         to be seen is whether it has been passed by "a majority of two-thirds of the total number of
         members of the municipality". There can be no doubt, therefore, that, on a plain construction
         of the statute the number of the nominated members has to be taken into account in
         determining whether or not a motion of no confidence against the President has been carried.

    5. On behalf of the respondent emphasis is laid upon the proviso quoted above which states that
    nominated members shall not have the right to vote in the meeting of the municipality. It is
    contended that inasmuch as the nominated members do not have the right to vote in the
    meetings of the municipality, they should not be counted as part of the total number of the
    members of the municipality, two-thirds of whose vote in favour is requisite for the passage
    of the motion of no confidence. We find it difficult to accept this submission, given the plain
    words of the provisions quoted above. That nominated members may not vote does not
    imply that the cease to be member of the municipality, two-thirds of whose vote in favour is
    requisite for the passage of the motion of no-confidence. We find it difficult to accept this
    submission, given the plain words of the provisions quoted above. That nominated members
    may not vote does not imply that they cease to be members of the municipality or that their
    number should be ignored in determining whether the President has lost the confidence of
    two-thirds of the members. So calculated the vote of confidence against the President had
    not been carried as required.
6. The appeal is allowed and the judgment and order under appeal is set aside. The writ petition
    filed by the appellant is allowed in terms of prayer (a) thereof.
7. No order as to costs.