GIRDHARI LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 14.8.2002 with a prayer that by an appropriate writ, order or direction, the conclusion arrived at by the respondent No. 3 (Sub -Divisional Magistrate, Suratgarh) in the meeting held on 3.7.2002 treating the motion of No -Confidence against respondent No. 4 (Hardeo Sahay) as having dropped be declared illegal and it may be declared that the motion of No Confidence against respondent No. 4 (Hardeo Sahay) stood carried out in terms of Rule 3(9) of the Rajasthan Municipalities (Motion of No -Confidence against Chairman and Vice -Chairman, Rules, 1974 and the respondent No. 4 (Hardeo Sahay) be ordered to be ousted from the office of Chairperson, Municipal Board. Suratgarh with all consequential direction inter alia holding of fresh election of Chairperson etc. and further it may be declared that the seats of respondents No. 5 (Om Prakash) and respondent No. 6 (Vali Mohd.) stood vacated on 27.3.2001 and they may be declared to have ceased to be members of Municipal Board. Suratgarh on 27.3.2001 and further it may be declared that the number of respondents No. 5 (Om Prakash) and 6 (Vali Mohd.) could not be counted for computing fraction of 2/3rd majority of whole/total number of members of Municipal Board, Suratgarh for the purpose of carrying out the motion of No -Confidence against respondent No. 4 (Hardeo Sahay).

(2.) THE facts of the case as put forward by the petitioner are as under:

(3.) THE learned Counsel for the petitioner has placed reliance on Division Bench judgment of this Court delivered in D.B. Civil Special Appeal No. 892/2001 (Prem Raj Bohra v. Jairoopa Ram and Ors.), on 14.8.2002 and in that judgment, this Court came to the following conclusions: