Nominated municipal members count toward two-thirds majority for no-confidence motions despite lacking voting rights.

Section 87A(12) of the U.P. Municipalities Act, 1916 requires a no-confidence motion against the President to secure a two-thirds majority of the municipality's total membership. Because Section 9(D) includes nominated members within the municipality's composition and the proviso only removes their voting right, those members are still counted in the total strength for computing the statutory majority. The motion therefore failed to satisfy the required two-thirds threshold and was not validly carried.

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Issues: Whether nominated members of a municipality, though without voting rights, are to be counted in computing the two-thirds majority required for carrying a no-confidence motion against the President.

Analysis: Section 87A(12) of the U.P. Municipalities Act, 1916 requires the motion to be passed by a majority of two-thirds of the total number of members of the municipality. Section 9(D) of the Act includes nominated members within the composition of the municipality, while the proviso only withdraws their right to vote in municipal meetings. The voting disqualification does not exclude them from the total membership for the purpose of testing whether the statutory two-thirds majority has been achieved.

Conclusion: Nominated members had to be counted in the total number of members of the municipality, and the no-confidence motion was not validly carried.

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