Amendment status not verified — confirm the current text below against the official source.
[2] Dispatch of notice of meeting.- The second part of sub-rule (3) of rule 3 mandates that the prescribed authority after fixing date, time and place of the meeting within the prescribed period not later than 15 days as laid down in the first part of the Rule, shall cause dispatch of notice of such meeting to every member of thePanchayat 7 days before the meeting. The said latter part of sub-rule (3) of Rule 3 is m"ndatory as intimation of date, time and place of meeting to e:very member is essential to ensure his (PA)50, !,. • 8.21 • PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PAJ49 n. or h~- be LIS ld as ,d as J~ er 'Y >n or 'Y ,d Ql,- of ,e. 'e Le ;0 ;,e )f Ir .e .e J. j. .e a a .r e e, o. e, s e I "g ~ t I I -00 '"I ..t- ~ ,0.. 1:;\ I. I I number. It may be in a fraction also, e.g. 14.25, 7.5, 13.5 and so on. One should understand the requirement in such cases properly. Whenever there is a fraction, the next full number would be the right number of votes which shall be necessary for passing ofthe resolution,.in the example quoted above the requirement would be of 15, 8 and 14 votes. It is not possible to ignore the traction of a number. This requirement is only one limb of the provision. It is with regard to the members present and voting. [2) The second limb of the requirement is connec.ted with the total number of panch as by which a Gram Panchayat is constituted. This number would be that for which elections were held and the panc"-as were elected. . .' . Suppose there are 20 panchas elected and the Gram Panchayat lS con- stituted by these 20 p~.n.as, inclading the Sarpaneh and Up-Sarpanch. Note that Sarpanch and Up-Sarpanch are also to be included in counting the number of panch as for this purpose. In this example the requirement is that the motion should be carried by more than two third of the total number of panchas. 2/3rd of 20 shall be 13.333 .. and more than this number would be 14 i.e. in a case where 2/3rd of a number consists of a fraction then, the next number would be the required number. Here again, the fraction of a number cannot be ignored. [3] Looking to the requirements of the minimum majority required, the conclusion is that such a number would be higher one out of the two as given in paras [1] and [2] above. If the result of para [11 is the figure 15 and that of para [2lis H-then,I5 would be.the number required and in case the result of para IIlis 20 while that ofpara'[2] is 24 then, the required number\\"ould be 24. [41Section 21, however, requires that a valid motion of no- confidence can be passed only on a motion mooted by prescribed one-third of total number of elected members :ind passed by majority of not less than 3/4th of the Panchas present and voting and such majority is more than 2/3rd oftotal number of panchas. Bhulin Dewangan v. State of M.P., 2000 (4) MPHT 69=2000 (2) JLJ 253 (FB) . t5] The subject matter of this section is passing of a no- confidence motion against Sarpanch or Up-Sarpanch. These office bearers hold their office by election. The law requires that if they are mode to vacate their offices on loss of coufidence of the other elected members, there should be a requisite majority for passing the resolution i.e. not less than 3/4th of the Panchas present and voting and the resolution should be carried by voting of more than 2/3rd of the total number of panchas constituting the panchayat.Bhulin Dewangan v. State ofM.P:, 2000 (4) MPHT 69=2000 (2) JLJ 253 (FB). . I J!ll A.lllP,ti9\'.of nO,w!!fi!!!'-I1',',agai.\!~t)?.!!lJ'W!chPJ.Up;Sarpil_llch fa.nnol be said to ha'.~been passed by toss of coin in the event where the votes fur and against the'motion being eqllSl. As a ".latter of fact a motion of no 'confidence should-be- passed by-a -majority of three-fourth of the panchas present and voting and further such majority should be more than two-third of the total number of panch as constituting the GramPanchayat. Therefore, in any case, a motion cannot be said to have. passed. where the number of votes for the motion and against the motion is found .to be equal. The I r I