MADHU KUMAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who is a lady Chairperson of the Municipal Board, Kuchaman City has filed this petition under Article 226 of the Constitution and challenged the result of "no Confidence Motion" passed against her on 20. 8. 99 (Annex. 2) whereby she was voted out from the office of Chairperson of the Municipal Board, Kuchaman City.

(2.) SHE was elected as a Member of the Municipal Board, Kuchaman City as BJP candidate in the elections held on 27. 8. 95 and later on she was elected as Chairperson of the Municipal Board, Kuchaman City as it was reserved for woman. There are in all 25 members of the Municipal Board + 1 local M. L. A. making it in all 26 members. It includes one Mana Ram Kumawat also belonging to BJP.

(3.) UNDER Rule 3 (8) of the Rules, if the motion is not carried by 2/3 majority of the whole number of members or if any meeting cannot be held for want of quorum, the motion of no-confidence against Chairman or Vice-Chairman, as the case may be, shall be deemed to have been lost.