ORDER

Leave granted.

2. At the relevant time the Nagar Panchayat, Jalalabad (the municipality) consisted of 21 members, thus: one President and fifteen elected, two ex-officio and three nominated members. A no-confidence motion was moved against the President, the appellant, and thirteen members voted in support. The motion was held to have been carried on 14th October, 1998 and this was challenged by the appellant in a writ petition before the High Court at Allahabad. The writ petition was dismissed on the basis that since the three nominated members could not vote, their number could not be taken into consideration for the purposes of the no-confidence motion and the two third majority thereon had to be calculated by excluding them.

3. Section 87-A of the U.P. Municipalities Act, 1916 deals with a motion of no-confidence against the President, Sub-section (12) thereof reads :

"(12) The motion shall be deemed to have been carried only when it has been passed by a majority of two third of the total number of members of the municipality."

Section 9(D) of the said Act deals with the composition of a municipality and states that it shall consist of a President, elected members, ex-officio