In Brief
The Supreme Court held that when computing the quorum for a special meeting to consider a no-confidence motion against the Pramukh of a Panchayat Samiti, the Member of Parliament representing the Union Territory—though an ex-officio member—must be included. The quorum is two-thirds of the 'total membership', including both elected and ex-officio members. The Court also ruled that all members of the Panchayat Samiti, including ex-officio members, have the right to vote on the no-confidence motion. Although the Constitution provides that the Chairperson is elected only by elected members, removal by no-confidence motion is a matter left to state legislation, where express provisions permit all members to participate. The Court reversed the High Court's Division Bench decision and restored the appellant to his post, finding the motion had been properly dissolved for want of quorum.
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