IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.138 of 2011 (O&M) Date of decision: 29.4.2011 Mohinder Ram. -----Appellant. Vs. Hans Raj & others. -----Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. V.K. Sandhir, Advocate for the appellant. Ms. Madhu Dayal, Addl.A.G., Punjab. Mr. Sapan Dhir, Advocate for private respondents. --- ADARSH KUMAR GOEL, J. This appeal has been preferred against order of learned Single Judge allowing the writ petition against setting aside of resolution of No Confidence Motion passed against the appellant. According to learned Single Judge, based on the letter of Government, three persons out of five constituted 2/3rd majority and resolution having been passed by three persons was valid and could not be set aside. It was further observed that resolution of No Confidence Motion was deemed to be passed L.P.A. No.138 of 2011 even without the statutory requirement of 2/3rd majority i.e. more than three persons. We have heard learned counsel for the parties. 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. Accordingly, this appeal is allowed and the writ petition filed by the contesting respondents is dismissed. (ADARSH KUMAR GOEL) JUDGE April 29, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2