PRAKASH CHAND SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all these writ petitions the principal question which has been raised is whether the Member of Legislative Assembly (MLA) and Member of Parliament (MP) representing a constituency can be treated as full fledged Member of the Municipal Council, so as to participate and vote in the proceeding of No Confidence Motion for removing the Chairman or Vice-Chairman of the Municipal Council and hence were required to be given a notice of the meeting for carrying out the motion of No Confidence.

(2.) THE question has cropped up since No Confidence Motions have been passed against all these petitioners, who were either Chairman or Vice Chairman of their respective Municipalities and they are all commonly aggrieved against their removal on account of passing of the No Confidence Motions against them and the ground of challenge is also essentially the same in material particulars as the factual details which have been urged for challenging the No Confidence Motions are clearly disputed questions of facts and hence do not deserve any interference on these counts. Hence, the only question on which arguments were entertained is the one referred to hereinabove.

(3.) THE counsel for the petitioners therefore, have made a desperate attempt to challenge the No Confidence Motions in order to bring it within the scope of legal parameters and hence, they have all urged that the Parliament vide its 74th Amendment of the Constitution of India, has incorporated in Part IX under Article 243-R incorporating provisions for Composition of Municipalities, which reads as under: "243-R. Composition of Municipalities: Save as provided in Cl. (2) all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards, (2) THE Legislature of a State may, by law, provide (a) for the representation in a Municipality of (i) persons having special knowledge or experience in Municipal administration; (ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area; (iii) the members of the Council of State and the members of the Legislative Council of the State registered as electors within the Municipal area; (iv) the Chairpersons of the Committee constituted under Cl. (5) of Art. 243-S: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meeting of the Municipality; (b) the manner of election of the Chairperson of a Municipality. "