The requisite number of members must be present in a meeting in order for a resolution of no-confidence to be passed.

GOSWAMI, C. J.: This application under Article 226 of the Constitution is directed against a resolution passed by the Bhuktabari Gaon Panchavat in a special meeting held on 3rd of June. 1969. and the consequent order of the Block Development Officer. Sipaihar Develop­ment Block dated 12-6-69. directing the petitioner, who was at the material time, the President of the said Goan Panchavat to hand over charge of his office to the Vice-President in pursuance of the vote of no confidence already passed against him.

2. On a recmisition by eight members (respondents No. 3 to 10) of the Gaon Panchavat and Shrimati Binda Saharia of 7-5-69 to the petitioner to convene an extraordinary general meet­ing of the Gaon Panchavat for passing a no-confidence resolution against him. a special meeting of the same was held on 3rd of June, 1969. The Panchayat has a membership of 13 members includina two co-opted members. The no-confidence resolution was discussed and passed in the meeting with 8 members in favour of the motion and no one against it. The resolution was, therefore, carried. Con­sequent on this resolution, the Block Development Officer directed the peti­tioner to hand over charge of his office.

3. It is contended by the petitioner that under Section 27 (11 (b) of the Assam Panchayat Act. 1959. under which he has been removed from his office, the requisite number of members was not present in the meeting. We may. there­fore, read that section so far as material for the purpose of this case.

"27 (1) (b). A President of a Goan “Panchayat” shall immediately cease to hold office, if by three-fifth maiority of votes of members present a motion of no-confidence is passed by them in a meeting of the Gaon “Panchayat” where at least a minimum of two-thirds of total number of members is present."

4. It is admitted that the Gaon Panchayat in' this case is constituted of 13 members including the co-opted two. But it is contended by the respondents that out of these 13 members on the date of the meeting one member was already dead and another member had been elect­ed to the Sipaihar Anchalik Panchayat resulting in his ceasing to be a member of the Gaon Panchayat. under the second proviso to Section 17 (11 (ii). The matter, therefore, turns upon the construction of Section 27 (11 (b). What is the meaning of the words - "at least a minimum of two-thirds of total number of members" in Section 27 (11 (b). It is contended by the petitioner that the total number of members must be the total sanctioned strength of the Gaon Panchayat which is admittedly thirteen. On the other hand, it is submitted by the respondents that two-thirds must have relation to the existing members functioning at the time. Since one member was already dead and another has ceased to be a member of the Gaon Panchayat. the total number of members for the purpose of this section on the material date is eleven and not thirteen. The presence of eight members in the meeting of 3rd June therefore, fulfils the requirement of Section 27 (1) (b). We are unable to accept the submission of the respondents. There is no warrant for adding a word "existing" in Section 27 (11 (b) to qualify the words "number of members". Under this section a President immediately ceases to be a President on passing of a motion of no-confidence against him by three-fifth maiority of the minimum re­quisite members present. Such a pro­vision under the law resulting in depriva­tion of an office has to be strictly con­strued as it affects the right of an elected office-bearer to continue for the normal span of his office.

5. It may be said that while there is a ban on discussion of a motion of no-confidence in an adjourned meeting of the Anchalik Panchayat (See 2nd proviso to Section 29 (611. there is an omission of a similar provision under Section 14(61 and even provision like Section 30 (71 is also not to be found under Section 14. It may or may not be an omission per incuriam. The absence of such a provi­sion under Sec

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