IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1048 of 2011 (O&M) Date of decision: 5.7.2011 Gursewak Singh Panch -----Appellant Vs. State of Punjab & others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. P.S.Khurana, Advocate for the appellant. Mr. Balbir Singh, Advocate for the respondent/caveator. --- ADARSH KUMAR GOEL, ACJ 1. This appeal has been preferred against order of learned Single Judge allowing the writ petition filed by respondent No.2, challenging No Confidence Motion passed against him by three out of five Panches under Section 19 of the Punjab Panchayati Raj Act, 1994 (for short, “the Act”). 2. Ground on which learned Single Judge accepted the writ petition, inter-alia, was that three members out of five did not constitute the requisite 2/3rd majority under Section 19 of the Act. In taking this view, learned Single Judge relied upon Division L.P.A. No.1048 of 2011 Bench judgment of this Court dated 29.4.2011 in LPA No.138 of 2011 Mohinder Ram v. Hans Raj & others, relevant part of which is as under:- “We are of the view that as per plain requirement of the statutory provision i.e. Section 19 of the Punjab Panchayati Raj, 1994, No Confidence Motion is required to be passed by 2/3rd majority. This being the undisputed position, the view taken by learned Single Judge cannot be sustained whereby such a motion can be passed by less than 2/3rd majority.” 3. Learned counsel for the appellant submits that by applying the principle of rounding off, three persons out of five may be taken to constitute 2/3rd majority. He also relies upon Government instructions dated 9.6.2011, Annexure R-4/3 to that effect. 4. In view of the fact that the order of learned Single Judge is based on Division Bench judgment of this Court holding that three persons out of five will not constitute 2/3rd majority, we do not find any ground to interfere with the view taken by learned Single Judge. The appeal is dismissed. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE July 05, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2