KISHNARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 and 227 of the Constitution by eleven members of the Municipal Board, Shri Dungargarh. The petition has been contested by respondent No. 4 Shri Trilok Sharma.

(2.) SHRI Trilok Sharma was elected chairman of Municipal Board, SHRI Dungargarh on 18th February, 1965. On 23rd July, 1965 the petitioners and some other members of the Municipal Board presented a notice of motion of no-confidence against SHRI Trilok Sharma to the Collector. On 27th July, 1965 SHRI Trilok Sharma submitted his resignation to the Sub Divisional Officer, Ratangarh who accepted it on the same day and informed the Collector, Churu about it. On learning about the resignation and its acceptance the Collector asked the Executive Officer, SHRI Dungargarh Municipal Board to inform the members that there was no necessity of calling a meeting to discuss the no-confidence motion against the chairman as he had already resigned and his resignation -had been accepted. The Collector did not convene a meeting for the consideration of the no-confidence motion as required by sec. 72 (2) of the Rajasthan Municipalities Act, 1959. On 26th August, 1965, SHRI Trilok Sharma wrote another letter to the Sub Divisional Officer withdrawing his resignation. The latter accepted the withdrawal. Thereupon the present writ petition was filed. It is contended that the resignation of SHRI Trilok Sharma became effective as soon as it was tendered and could not be withdrawn. In the alternative it is contended that the Collector may be directed to hold the meeting for the consideration of the motion of no-confidence.