RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS first writ petition was filed by a Member, Municipal Council, Churu on April 5, 1990 quashing the notice, Annexure 1, dated March 31, 1990 issued by the Collector, Churu (respondent no. 2) under Rule 3 (2), Rajasthan Municipalities (Motion of non-confidence against Chairman or vice Chairman) Rules, 1974 (hereinafter to be called 'the Rules, fixing April 9, 1990 for the consideration of the motion of non-confidence against the Chairman of the Municipal Council, Churu Shri Ram Gopal Be had, for restraining the Collector, Churu (respondent no. 2) and Shri Kishan Singh, Pariyojna Prabandhak, Anusuchit Jati Vikas Nigam, Churu (respondent no. 3 ) from holding the meeting for consideration of the motion of non-confidence and for quashing the entire proceedings of the said meeting, If it is held. The second writ petition was filed on April 12, 1990 against the same respondents by another member of the Municipal Council, Churu for quashing the non-confidence dated March 19,1990, notice issued in pursuance thereof by the Collector, Churu and the entire proceedings of the meeting held on April, 9,1990 and for declaration that the said non-confidence motion brought against the Chairman could not be legally brought before the expiry of six months from March 20, 1990-the date on which the result of first motion of non-confidence was declared.

(2.) THE petitioner's case may be summarised thus. THE Municipal Council, Churu consists of 32 members including co-opted members. THE Chairman is Shri Ram Gopal Behad. On March 19, 1990, 22 members of the Municipal Council. Churu sent a written notice of the non-confidence in the Chairman together with a copy of the motion to the Collector, Churu. He fixed April 9,1990 for holding meeting for consideration of the said motion and notices were sent to all the members by registered A. D. post on March 31, 1990. He appointed Shri Kishan Singh, Pariyojna Prabandhak. Anusuchit Jati Nigam, Churu (respondent no. 3) to preside the said meeting. THE meeting was held on April 9, 1990. On the stay application moved in the first writ petition, it was ordered on April 6, 1990 that the meeting would be held on April 9, 1990 but its result would not be declared till further orders.

(3.) THE Rajasthan Municipalities (Motion of no-confindence against Chairman or Vice Chairman) Rules, 1974 consists of three rules only. THE first rule deal with the short title and commencement of the rules and the second rule with the definitions. Rules 3 deals with the procedure. It is necessary to quote it here in extension. It runs as under:- 3. Procedure etc. (1) A written notice of intention to make a motion of no-confidence in the Chairman or Vice Chairman signed by one third members of the Board together with a copy of the motion which is proposed to be made, shall thereupon convene a meeting for the consideration of the motion to be held at the office of the Board on the date and at the time appointed by him, "which shall not be earlier than twenty or late thirty days from the date of the receipt of the notice. (2) THE Collector shall send by registered post not less than seven clear days before the date of the meeting, a notice of such meeting and of the date and time fixed therefore to every member of the Board. (3) THE Collector or his nominee shall preside at such meeting and if within half an hour from the time appointed for the meeting Collector or his nominee is not present or is unable for any unavoidable cause to preside at the meeting, the meeting shall stand adjourned to the and the time to be fixed and notified to the members. (4) A meeting convened for the purpose of consideration of the motion of no-confidence under these rules shall not for any reason except stated at sub clause (3) be adjourned. (5) As soon as the quorum is present, the Collector or his nominee shall read the motion for the consideration of which the meeting has been convened and declare it to be open for discussion. No. meeting for the consideration of motion of no- confidence shall be held unless the quorum is present, One-third of the whole number of members shall form the quorum. (6) Such discussion shall not be adjourned and shall automatically terminate on the expiry of four hours from the time fixed for the commencement of the meeting unless it is concluded earlier. (7) On the conclusion of the debate or upon the expiry of the said period of four hours, as the case may be, the motion shall be put to the vote of the Board and the Collector or his nominee shall neither speak on the merits thereof nor vote thereon, (8) If the motion is not carried by a 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. (9) If the motion is carried by a majority of 2/3 number or whole number of members, the motion shall be deemed to have been passed against the Chairman or Vice-Chairman as the case may be and such Chairman or Vice-chairman shall forthwith be deemed to have vacated his office. (10) No notice of any subsequent motion of no-confidence against the Chairman or Vice-Chairman, as the case may be shall be made until expiry of the period of six months from the date of meeting referred to in sub-rule (8) and for a period of 6 months computed from the date of election of the Chairman or Vice-Chairman, as the case may be. "