SHWETA CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this writ petition for the following reliefs :-

(2.) Brief facts of the case are that the petitioner is elected Chairman of Municipal Board, Khudala-Falna, District Pali since the year 2015. Out of 20 Municipal Councilors, 19 Councilors of the Municipal Board, Khudala-Falna submitted a communication dated 08.01.2019 with an intent to remove the present petitioner Counsel for the petitioner bases his challenge to removal of the petitioner on count of decision rendered by this Court (Jaipur Bench) in Raj Kumar Jaisalwal Vs. State of Rajasthan and Ors. (D.B. Civil Writ Petition No.23845/2017, decided on 17.5.2018) wherein the Hon'ble Division Bench after interpreting Rajasthan Municipalities (Motion of No Confidence Against the Chairperson or Vice Chairperson) Rules, 2017 (for short 'Rules of 2017') and Section 59 and 6 of the Act of 2009 has held as under :-

(3.) Counsel for the respondent submits that the matter is squarely covered by judgment of this Court in Banshilal Salvi Vs. State of Rajasthan and Ors., (S.B. Civil Writ Petition No.15581/2017, decided on 06.12.2017) in which all the matters pertaining to No Confidence Motion/resolution/proposals have been discussed, which reads as follows :-