SHYAM SUNDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution.

(2.) THE case of the petitioner is that he was elected Chairman of the Municipal Board, Didwana, sometime in 1956. Some of the members did not favour his continuing in office and a motion of no confidence was moved against him in a meeting of the Board held on 26th of May 1957. It came to be passed by a bare majority of 6 to 5. As it was not passed by two-thirds majority, the matter was brought before another meeting of the Board on 4. 9. 1957. This Board has 12 members including the Chairman. Six members voted for the motion and six including the Chairman voted against the motion. THE motion was lost by the casting vote of the Chairman. THE persons in favour of the to confidence motion moved the Government and the Secretary to Government, by order of 7th Jan. , 1958, conveyed the views of the Government that the no confidence motion should be taken to have been passed and the Vice Chairman should take over from the Chairman and that re-election of the Chairman should take place at once. THE Collector of Nagaur, in pursuance of the said order of the Government, by order of 21st of January 1958 fixed 5th February 1958 for the election of the new Chairman. THE sub-divisional Magistrate, Didwana, was appointed as the nominee of the Collector to preside over the meeting.