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Supreme Court of India 2018-12-10 allowed

Ganesh Sukhdeo Gurule vs Tahsildar Sinnar & Ors

Bench: 3 — Ashok Bhushan

In Brief

A Gram Panchayat passed a no-confidence motion against the appellant (Sarpanch) with six votes in favour and two against, but one voter lacked a required caste certificate. The Court held that a disqualified member cannot be counted towards any majority. With 9 members total and 1 disqualified, two-thirds majority required 5.33 votes, rounding to 6. Since only 5 valid votes supported the motion, it failed. The Court held fractions in statutory majority calculations must round up, and caste certificate submission requirements are mandatory with automatic disqualification upon non-compliance. The appeal was allowed, setting aside the no-confidence motion as invalid.

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Panchayat Law No-Confidence Motion Statutory Majority Constitutional Law Election Law

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