AIR 1998 PUNJAB AND HARYANA 249 ::1998 RevLR 1 410 ::(1998) 2 RecCivR 661 ::(1998) 119 Pun LR 237 ::(1999) 1 LandLR 254 ::(1998) 1 CurLJ(CCR) 628

Punjab And Haryana High Court

Hon'ble Judge(s): N. K. Sodhi, K. S. Kumaran , JJ

(A) Haryana Panchayati Raj Act (11 of 1994) , S.10(3)— Up sarpanch - No-confidence motion - Gram Panchayat having 8 members - Resolution of no-confidence motion passed by five members only - Although 2/3rd of 8 is more than 5 and comes in fraction, the said fraction cannot be ignored and has to be treated as one whole - Thus resolution cannot be said to be passed with requisite majority of 2/3 members. (Para 4) (B) Haryana Panchayati Raj Act (11 of 1994) , S.10(4)— Up sarpanch - No-confidence motion against - Requisition regarding it, made to prescribed authority - Requisitioning of meeting by prescribed authority much beyond expiry of prescribed period - Illegal. (Para 3) (C) Haryana Panchayati Raj Act (11 of 1994) , S.10(4)— Up sarpanch - No-confidence motion - Voting for - Resolution passed by @page-PunjHar250Panchas by show of hands and not by secret ballots - Illegal. (Para 3) .....