PINKY RAJORIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, a scheduled caste woman, was elected as Chairman of Municipality Dausa on August 28, 2000 for a period of five years. Some members of the municipality presented an application for a motion of no confidence against the petitioner to the Additional Collector Dausa while he was holding camp at Lalsot on December 11, 2001, who passed a written order directing to hold the meeting on January 2, 2002 pursuant to said proposal. A meeting thereafter was held on January 2, 2002 in the presence of the Sub Divisional Officer Dausa (nominee of the District Collector) and no confidence motion against the petitioner was passed. THE petitioner in the instant writ petitioner seeks to quash the order dated December 11, 2001 of the Additional Collector Dausa and entire proceedings of the meeting held on January 2, 2002 including the proposal of no- confidence motion and the decision taken.

(2.) CHALLENGE to the aforesaid orders and proceedings is based on two grounds- (i) The Additional Collector had no jurisdiction to pass order dated December 11, 2001 in view of Rule 3 (1) of the Rajasthan Municipalities (Motion of No Confidence against Chairman and Vice Chairman) Rules 1974 (for short 1974 Rules ). (ii) Certain disqualified members were allowed to participate and vote in the meeting held on January 2, 2002 which was against the directions issued by the High Court in Deo Dutt Sharma vs. Collector Ajmer (1 ).

(3.) THAT takes me to the other ground of challenge that the Additional Collector Dausa had no jurisdiction to pass an order directing to hold meeting to consider the motion of no confidence against the petitioner.