respondents moved a noconfidence motion against the appellant-Tahsildar issued notice – convening special meeting of Gram Panchayat for consideration of noconfidence motion – out of nine members of the Gram Panchayat only eight members were present in the meeting. Six members voted in favour of the motion and two members were opposed to it.- One of the members who voted in favour of noconfidence motion was not qualified to vote, who had not filed caste certificate after election as per second proviso to Section 9A – so was disqualified automatically to continue to be a member or to vote in any meeting.- A Dispute Application under 35(3B) of the Maharashtra Gram Panchayat Rules, 1958 challenging the noconfidence motion passed was filed. The Addl. Collector, passed an order – approving and holding that noconfidence motion was validly passed.- a writ petition was filed by the appellant which has been dismissed by the High Court by the impugned judgment. – Aggrieved by the judgment of the High Court this appeal has been filed. – Apex court held that The main issue is that what shall be twothird majority for holding the noconfidence motion to be passed in the Panchayat – Admittedly there are
nine members [ including appeallant ] in the Village Panchayat. – Out of nine members , eight members were present. – Out of eight members present, one member was disqualified to sit and vote by virtue of she having not submitted her caste certificate after the election. – She was one out of six members who have voted in favour of noconfidence motion. – There are five valid votes in favour of noconfidence motion as two against it. -Section 35(3) refers to majority as “a majority of not not less than twothird of the total number of the members who are for the time being entitled to sit and vote at any meeting of the Panchayat – Total number of members being nine and one member being disqualified to sit and vote, the computation of majority has to be on the basis of number eight, twothird of the number eight will be 5.33. – When majority comes to 5.33 votes “not less than 5.33 votes” have to be given meaning, hence, 5.33 can never be rounded off to 5, fraction has to be treated as one because votes cannot be treated as fraction. Hence, 5.33 votes to be read as 6 votes for passing of the motion as mandated by Section 35(3).-We are, thus, of the view that noconfidence motion was not validly passed and the order of the Addl. Collector as well as of the High Court are erroneous.