Election Petition

Querist : Anonymous (Querist) 10 December 2010 This query is : Resolved
Res. Sirs,

In an Anchal segment of 17 Anchal Samiti Members, a non-confidence motion was moved against its Chairperson. The required members to pass the non-confidence motion is 2/3rd of the total members. This 2/3rd works out to be 11.3

The total No. of votes in favour of non-confidence was 11; a shortfall of 0.3. In this case, Division Bench rejected the non-confidence motion and ruled that 2/3rd means 11.3. Hence no-confidence with only 11 members is failure.

But we see vote can’t be cut into pieces. If rounding of number is taken into account, the nearest number is 11.

Is there any ruling of the SC that passed in favour of the no-confidence motion in the aforesaid case? Please help.

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Kirti Kar Tripathi (Expert) 11 December 2010
the position is clear, the requirement is 2/3 vote, therefore in present case, the minimum number for no confidence is 12 instead of 11.3. the no. 11 will be considered as failure of no confidence motion under the law. there is no illegality.

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