OTA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed with the following prayers: - " (a) by an appropriate writ, order or direction the impugned reports Annx. P/3 and Annexure P/3a dated 7. 8. 1991 may be quashed with all the consequential benefits and reliefs as if these Annexures were not prepared, (b) by an appropriate writ, order or direction the time for fixing the quorum at 11. 00 a. m. vide Annexure P/2 may be treated as null and void as well as may be ignored and be also declared to be illegal and against the provisions of the Rules, 1974, (c) by an appropriate writ, order or direction the Collector, Pali may be directed to convene the meeting for consideration of the motion of no-confidence on the basis of Annexure P/l within seven days, (d) any other appropriate writ, order or direction which is found just and proper may kindly be passed in favour of the petitioners, and (e) that the costs of the writ petition may kindly be awarded to the petitioners. "

(2.) THE averments made in the writ petition may be summarised thus. THE petitioners are members of the Municipal Board, Khudala (Pali ). THE election was held on August 28, 1990. Shri Jabar Chand and Smt. Sharda Gupta are Chairman and Vice-Chairman. THE total strength of the Board is 12 including the Chairman and Vice-Chairman. 10 members of the Board submitted an application Annexure P/l for consideration of the motion of non-confidence against the Chairman. THE Collector, Pali issued notice (Annexure P/2) fixing of August 7, 1991 at 11 a. m. for the consideration of the motion of non-confidence and Shri Hemant Shesh, Additional Collector, Pali was nominated to preside the said meeting. THE meeting was held for the consideration of the motion of non-confidence at the notified date, time and place. Only 9 members were present but the Presiding Officer recorded the presence of only 4 members. On this basis, he held that the motion of non-confidence has been lost for want of quorum. THE same day nine members of the Board submitted a complaint Annexure P/4 before the Collector, Pali.