YUSUF ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A short but important question is involved for consideration in the writ petition. The question is "whether the motion of no-confidence was carried out against the petitioner by two-third majority of members of the Municipal Board, Jhalrapatan?"

(2.) The petitioner was elected as Vice-Chairman of Municipal Board, Jhalrapatan (hereinafter referred to as 'the Board'), in the year 1990. Six members of the Board submitted a written notice to the Collector on 27/01/1993, of the intention to make a motion of 'no-confidence' in the Vice-Chairman. A meeting was convened by the Collector on 17/02/1993, to consider the motion. The meeting was held on the appointed day and was presided by Sub-Divisional Officer, Jhalawar, as nominee of the Collector. The meeting was attended by ten members who voted in favour of the motion of no-confidence. The Sub-Divisional Officer held the motion to have been passed against the petitioner. According to him the total number of members of the Board was 15, as one member, Smt. Padma Bakliwal, had resigned and notices of the meeting to consider the motion of non-confidence was also issued to 15 members by the Collector.

(3.) After the meeting was over, the petitioner made a representation to the Sub-Divisional Officer stating therein that the motion was not carried out by 2/ 3rd majority of whole number of members of the Board, as the meeting was attended by ten members, who supported the motion, but there ought to have been 11 members to make 2/ 3rd of 16 members of the Board, after counting Smt. Padma Bakliwal. The petitioners have challenged the order and also the proceedings of the meeting dated 17-2-1993, whereby the motion of no confidence was held to have been passed against the petitioner as Vice-Chairman of the Board by a majority of 2/ 3rd members of the Board.