PREM RAJ BOHRA Vs. JAIROOPA

JUDGEMENT

(1.) This batch of appeals and D. B. Civil Writ Petition No. 3879/2001 raise common questions of law and, therefore, they were heard together and are being disposed of by this judgment. The only additional point raised in D. B. Civil Writ Petition No. 3839/2001 is that it challenges vires of Section 3(36) of the Rajasthan Municipalities Act, 1959 (hereinafter to be referred to as the Act) read with Rule 3, sub-rule (9) of the Rajasthan Municipalities (Motion of No Confidence Against Chairman and Vice-Chairman) Rules, 1974 (hereinafter referred to as "No Confidence Motion Rules") on the ground that these are violative of Articles 14 and 243-R of the Constitution of India. Though, several legal issues have been raised in these cases, the foremost point is, as to whether nominated members of a Municipal Board, who have been meetings of the Board, should be counted in total no confidence in the Chairman or Vice-Chairman of the Board.

(2.) As per facts on record, no confidence motions in these various cases could be taken to have been passed by two third majority of the members if the nominated members are not counted for the purpose of total number of members of the Municipal Board. However, if the nominated members are included in the total number of members of the Board, no confidence motion in each case would stand defeated on account of not having been passed by two-third majority as required under the relevant Rules.

(3.) Besides the above legal issue, there are other legal issues in these cases which are as under :