1999 (12) TMI 881

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....ussain, Tamina Punvai, Joseph Pookkatt and Prashant Kumar, Advs. 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 and three nominated members. A no-confidence motion was moved against the President, the appellant, and thirteen members voted in support. The m....

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....on 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 Sub-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 meetings of the Municipality. 5. It will be noticed that nominated members ar....

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....smuch 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 third 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....