LALITA SAMDANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra court appeal is directed against order dated 26.11.19 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant challenging the notice of 'No Confidence Motion' on the ground that it was not accompanied by motion of no confidence, has been dismissed.

(2.) The facts relevant are the appellant was elected as Chairperson of the Municipal Council, Bhilwara on August 20, 2015. On 18.11.19, 45 members of the Municipal Council, Bhilwara sent a written notice with the copy of the motion expressing no confidence in Chairperson of the Municipal Council, the appellant herein, to the District Collector, Bhilwara. The District Collector convened the meeting for consideration of no confidence motion vide notice dated 20.11.19. The appellant was served with the notice, which according to the appellant was accompanied by communication dated 18.11.19 signed by 44 members of Municipal Council, Bhilwara expressing their no confidence in the Chairperson, however, the same was not accompanied by the copy of the no confidence motion.

(3.) Precisely, the legality of the notice was challenged by the appellant on the ground that the notice issued not accompanied by no confidence motion, is contrary to the mandatory provision of Rule 3 of Rajasthan Municipalities (Motion of no confidence against Chairperson or Vice-Chairperson) Rules, 2017 ('the Rules of 2017') and thus, the proceedings initiated by the District Collector for consideration of the Motion of no confidence stands vitiated.