1. The parties are agreed that if writ petition No. 831/97 is dismissed then nothing would survive for deciding writ petition No.1 019/97.

2. I am of the opinion that no case is made out in writ petition No. 831/97.

Before giving reasons, facts in brief be noticed.

3. There is a Municipal Council in the city of Vidisha. The petitioner is one of the councillers. According to him, a resolution with a view to express no-confidence in the respondent Basant Kumar Jain, Vice President was moved. It is not in dispute that 23 members voted in favour of the motion. By mathematical calculation, the respondent-authorities came to the conclusion that the motion has not been carried on. The Vice President was held entitled to continue as Vice President.

4. The relevant provisions which deal with expressing no confidence in a Vice President of a Municipal Council are contained in section 43-A (1) of the M.P. Municipalities Act, 1961. These be noticed:

"43-A (1) A motion of no-confidence may be moved against the Vice President by any elected Counciller at a meeting specially convened for the purpose under sub-section (2) and if the motion, is carried by a majority of two thirds of the elected Co