BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) "it is, therefore, most humbly and respectfully prayed that by an appropriate writ, order or direction the respondents may kindly be restrained from holding the meeting on 31. 8. 2006.

(2.) DURING the course of hearing it was ordered that the meeting of the No Confidence Motion may take place but the result will not be declared. The ballot box containing the votes and the proceedings of the No Confidence Motion were produced before this Court. After the ballot box was opened 15 votes were found there in. There were 21 elected members and one member was MLA who was statutorily included. Therefore the elected strength of the Board was 21. Two third of which would be 14. When the ballots were counted there were 15 ballots in favour of the Motion and there were no ballot against the No Confidence Motion. After these proceedings the learned counsel were heard on the merits of the case.

(3.) SECTION 3 (2) of the Rajasthan Municipalities Act which defines the No Confidence Motion is also relevant therefore, the same is also quoted herein below: " 3 (2) The Collector shall send by registered post not less than seven clear days before the date of the meeting a notice of such meeting and of the date and time fixed therefore to every member of the Board. "