Dixit C.J.- 1. By this application under Articles 226 and 227 of the Constitution, the petitioner Sojharmal who was the Vice-President of the Municipal Council, Kharsia, Raigarh District, seeks a writ of certiorari for quashing a resolution of no-confidence which was passed against him at a meeting of the Municipal Council held on 5th November 1963.

2. Before the commencement of the meeting, the petitioner made a proposal to the President that voting on the no-confidence motion should be 'free" and not by ballot. One Councillor, Mahavirprasad, moved a counterproposal. Ultimately, the President decided that voting on the motion would be by ballot. It is not disputed by the opponents that voting on the resolution was by ballot. As a result of the count it was found that twelve Councillors voted for the motion of no confidence against the petitioner and five against it. The Council consists of eighteen members and seventeen of them were present at the meeting at which the motion of no-confidence was moved. Under section 47 (1) of the Madhya Pradesh Municipalities Act, 1961, (hereinafter referred to as the Act), if a motion of no-confidence is carried by a majority of two-thirds of