SHETHNA, J. - (1.) THE petitioner, who is a lady Chairperson of the Municipal Board, Kuchaman City has filed this petition under Article 226 of the Constitution and challenged the result of "no Confidence Motion" passed against her on 20. 8. 99 (Annex. 2) whereby she was voted out from the office of Chairperson of the Municipal Board, Kuchaman City.
(2.) SHE was elected as a Member of the Municipal Board, Kuchaman City as BJP candidate in the elections held on 27. 8. 95 and later on she was elected as Chairperson of the Municipal Board, Kuchaman City as it was reserved for woman. There are in all 25 members of the Municipal Board + 1 local M. L. A. making it in all 26 members. It includes one Mana Ram Kumawat also belonging to BJP. Under Rule 3 (1) of the Rajasthan Municipalities (Motion of No Confidence Against Chairman or Vice-Chairman) Rules, 1974 (for short `the Rules') a written notice of intention to make motion of no-confidence in the Chairman or Vice-Chairman has to be signed by 1/3 members of the Board together with a copy of the motion which is proposed to be made and it has to be sent to the Collector of the District who shall thereupon convene a meeting for the consideration of the motion to be held at the office of the Board on the date and at the time appointed by him, which shall not be earlier than twenty or later than thirty days from the date of the receipt of the notice. Under Rule 3 (2) of the Rules, the Collector has to send a clear seven days notice of such meeting and of the date and time fixed to every member of the Board by registered post before the date of the meeting. Under Rule 3 (3) of the Rules, the Collector or his nominee has to preside over such meeting. Under Rule 3 (5) of the Rules, no meeting for the consideration of motion of no-confidence can be held unless the quorum is present. One-third of the whole number of members shall form the quorum and as soon as the quorum is present, the Collector or his nominee shall read the motion for consideration of which the meeting was convened and declare it open for discussion.
(3.) UNDER Rule 3 (8) of the Rules, if the motion is not carried by 2/3 majority of the whole number of members or if any meeting cannot be held for want of quorum, the motion of no-confidence against Chairman or Vice-Chairman, as the case may be, shall be deemed to have been lost. As per the aforesaid Rules, the motion of no-confidence was moved against the petitioner by some of the members of the Board to the Collector, Nagaur who nominated S. D. O. to preside over the meeting which was to be held on 20. 8. 99. Under the aforesaid Rules, All the members including Mana Ram were also served with a registered notice from the Collector regarding the meeting to be held on 20. 8. 99 for considering no-confidence motion against the present petitioner. However, just a day before the date of said meeting, against Mana Ram a suspension order was passed on 19. 8. 99 without show-cause notice or following the procedure of Section 63 (1) of the Rajasthan Municipalities Act, 1959 and instead of serving the same on Mana Ram, it was handed over to the Executive Officer of the Board on 20. 8. 99 at about 11:00 A. M. at the time of consideration of the no-confidence motion against the present petitioner. He was placed under suspension on the ground that he had more than two issues, therefore, he was disqualified as provided under Section 19 of the Municipalities Act. ;