- (1.) THIS first writ petition was filed by a Member, Municipal Council, Churu on April 5, 1990 quashing the notice, Annexure 1, dated March 31, 1990 issued by the Collector, Churu (respondent no. 2) under Rule 3 (2), Rajasthan Municipalities (Motion of non-confidence against Chairman or vice Chairman) Rules, 1974 (hereinafter to be called 'the Rules, fixing April 9, 1990 for the consideration of the motion of non-confidence against the Chairman of the Municipal Council, Churu Shri Ram Gopal Be had, for restraining the Collector, Churu (respondent no. 2) and Shri Kishan Singh, Pariyojna Prabandhak, Anusuchit Jati Vikas Nigam, Churu (respondent no. 3 ) from holding the meeting for consideration of the motion of non-confidence and for quashing the entire proceedings of the said meeting, If it is held. The second writ petition was filed on April 12, 1990 against the same respondents by another member of the Municipal Council, Churu for quashing the non-confidence dated March 19,1990, notice issued in pursuance thereof by the Collector, Churu and the entire proceedings of the meeting held on April, 9,1990 and for declaration that the said non-confidence motion brought against the Chairman could not be legally brought before the expiry of six months from March 20, 1990-the date on which the result of first motion of non-confidence was declared.
(2.) THE petitioner's case may be summarised thus. THE Municipal Council, Churu consists of 32 members including co-opted members. THE Chairman is Shri Ram Gopal Behad. On March 19, 1990, 22 members of the Municipal Council. Churu sent a written notice of the non-confidence in the Chairman together with a copy of the motion to the Collector, Churu. He fixed April 9,1990 for holding meeting for consideration of the said motion and notices were sent to all the members by registered A. D. post on March 31, 1990. He appointed Shri Kishan Singh, Pariyojna Prabandhak. Anusuchit Jati Nigam, Churu (respondent no. 3) to preside the said meeting. THE meeting was held on April 9, 1990. On the stay application moved in the first writ petition, it was ordered on April 6, 1990 that the meeting would be held on April 9, 1990 but its result would not be declared till further orders. Prior to the said motion of non-confidence, a motion of no- confidence was moved earlier against the Chairman and July 6, 1989 was fixed for meeting to consider it. Before the result could be declared some members of the Municipal Council filed a civil suit in the Court of Munsif. Churu along with an application for temporary injunction. The same day the application was allowed and order was passed restraining the Presiding Officer from declaring the result of the meeting and directing him keep the proceedings of the meeting in a sealed cover. In default of appearance, the suit was dismissed on February 1, 1990. The sealed envelope was returned to the Presiding Officer to declare the result of the said meeting. On March 20,1990, the result of the meeting (held on July 6,1989) was declared that motion of non-confidence was not carried out. According to the provisions of sub-rule (10) of Rule 3 of the Rules, the notice of the said second motion of non-confidence against the Chairman could not be brought till the expiry of the period of six months from March 20,1990, the date on which the result of the first motion of non-confidence was declared. The meeting notionally continued till the result of the poll was declared. Ascertainment of the Poll was a part of the said meeting. The second motion of non-confidence could not be brought on March 19,1990 and notice issued and proceedings held in pursuance thereof illegal and void. In both the writ petitions. , 23 members of the Municipal Council, Churu moved applications for impleading them as respondents. Their applications were allowed. All of them were impleaded as respondents in the writ petitions. No. reply was filed by the State of Rajasthan, Collector, Churu and Pariyojna Prabandhak, Anusuchit Jati Vikas Nigam, Churu (respondents No. 1 to 3 ). These respondents have filed their replies. Their case is follows. The Chairman, Municipal Council, Churu, Shri Ram Gopal Behad had lost the confidence of more than 2/3rd members of the Council. He is trying hard to somehow stick to his office. The basic intention behind the litigation is to defeat the very basis of the democratic process and thwart the will of the majority. They (respondents no. 4 to 26) were present in the meeting held on April 9, 1990 and voted in favour of the motion of no-confidence and expressed no-confidence in the Chairman. This Court should not exercise its extra-ordinary jurisdiction to help an unscrupulous person who is piling technicalities upon technicalities to cling to his office. even after loosing confidence of 22 members out of 32 members of the Municipal Council, Churu. He is neither working in the interest of the Council nor of the public at large. There is a wide spread dis-satisfaction against him because of his various illegal acts and omissions. The writ petitions deserve to be dismissed as the material facts about present of only 13 members out of 32 members in the meeting held on July 6, 1989 has been concealed. Motion of no-confidence could be passed by 2/3rd majority of the whole members. If the 2/3rd members are not present in the meeting, it is deemed to have been lost as provided in sub-rule (8) of rule 3 of the Rules. The result of the meeting held on July 6, 1989 was known to all. There was no question of the ascertainment of the result the motion of no-confidence dated March 19, 1990 has been brought long after the said meeting held on July 6, 1989 for the consideration of the first motion no-confidence. The word "date" appearing in sub-rule (10) of rule 3 of the Rules is very significant. It is qualified by the words "of meeting". It is noting to do with the formal declaration of the result. Admittedly, the meeting was held on July 6, 1989 and not on any other date. The Rules do not admit of any Adjournment on any ground except on the ground of the absence of the Collector or the continuation of the meeting beyond the date fixed for said purpose. The meeting held on April 9, 1990 is valid and the Chairman Shri Ram Gopal Behad is to vacate the office. He has lost confidence of 2/3rd majority. In a democratic set up, such person cannot be allowed to continue on the post Both the writ petitions deserve to be dismissed with costs. During their arguments, the learned counsel for the parties reiterated all the averments which have been made in the writ petitions and the replies. The learned counsel for the petitioners relied upon Devdutt Sharma v. Collector, Ajmer, (1), Homes v. Keys (2) & Biradmal Singhvi vs. Anand Purohit, (3 ). The learned counsel for the respondents relied upon Radheyshyam v. Shri Vijay Singh (4 ). Hukam Singh v. State of Rajasthan (5), Bhure Khan v. State of Rajasthan (6), Bhure Khan v. State of Rajasthan (7) and Bhawani Singh v. State of Rajasthan (8 ). They also relied upon Devdutt Sharma v. Collector, Ajmer, (Supra ). The only question for consideration in this case is whether the period of six months as required under sub-rule (lx 0) of rule 3 of the Rules is to be counted from July 5,1989 the date on which the first motion of no-confidence was considered or from March 20, 1990 (the date on which the result of the first motion of non-confidence was declared ). If it is with the writ petitions will fail and if is counted from March 20,1990 counted from July 6, 1989, the writ petitions will succeed. Section 72 of the Rajasthan Municipalities Act (hereinafter to be called 'the Act) runs as under :- 72. Motion of no-confidence against chairman Motion expressing non-confidence in the Chairman or the Vice Chairman Shall be made and considered in the manner prescribed. "
(3.) THE Rajasthan Municipalities (Motion of no-confindence against Chairman or Vice Chairman) Rules, 1974 consists of three rules only. THE first rule deal with the short title and commencement of the rules and the second rule with the definitions. Rules 3 deals with the procedure. It is necessary to quote it here in extension. It runs as under:- 3. Procedure etc. (1) A written notice of intention to make a motion of no-confidence in the Chairman or Vice Chairman signed by one third members of the Board together with a copy of the motion which is proposed to be made, 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 late thirty days from the date of the receipt of the notice. (2) THE Collector shall send by registered post not less than seven clear days before the date of the meeting, a notice of such meeting and of the date and time fixed therefore to every member of the Board. (3) THE Collector or his nominee shall preside at such meeting and if within half an hour from the time appointed for the meeting Collector or his nominee is not present or is unable for any unavoidable cause to preside at the meeting, the meeting shall stand adjourned to the and the time to be fixed and notified to the members. (4) A meeting convened for the purpose of consideration of the motion of no-confidence under these rules shall not for any reason except stated at sub clause (3) be adjourned. (5) As soon as the quorum is present, the Collector or his nominee shall read the motion for the consideration of which the meeting has been convened and declare it to be open for discussion. No. meeting for the consideration of motion of no- confidence shall be held unless the quorum is present, One-third of the whole number of members shall form the quorum. (6) Such discussion shall not be adjourned and shall automatically terminate on the expiry of four hours from the time fixed for the commencement of the meeting unless it is concluded earlier. (7) On the conclusion of the debate or upon the expiry of the said period of four hours, as the case may be, the motion shall be put to the vote of the Board and the Collector or his nominee shall neither speak on the merits thereof nor vote thereon, (8) If the motion is not carried by a 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. (9) If the motion is carried by a majority of 2/3 number or whole number of members, the motion shall be deemed to have been passed against the Chairman or Vice-Chairman as the case may be and such Chairman or Vice-chairman shall forthwith be deemed to have vacated his office. (10) No notice of any subsequent motion of no-confidence against the Chairman or Vice-Chairman, as the case may be shall be made until expiry of the period of six months from the date of meeting referred to in sub-rule (8) and for a period of 6 months computed from the date of election of the Chairman or Vice-Chairman, as the case may be. " "meeting" has not been defined either in the Act or in the Rules. In S. Seetha Ramaiah Naidu V. Ongole Co-operative Bank Ltd. and another (9), various authorities have been quoted defining 'meeting'. Paras 28, 29, 30 and 31 run as under under:- 28. Now what do mean by "meeting". The word Meeting by its etymology can have myriads of meanings. The managing of this word has comprehensive sweep. Shorter Oxford Dictionary defines the word "meeting" to mean "an assembly of a number of people for entertainment: discussion or the Like". Corpus Juris Secondum, Vol. 57, page 1044 puts it as follows: Meeting" - As a noun-A number of people having a common duty or function who have come together for any legal purpose, or the transaction of business of a common interest; and assemblage. " 29. In Sharp V. Dawes, (1876) 2 OBD 26 it is held: A meeting means coming together of persons for the purpose of discussing and acting upon some matter or matters in which they have a common interest. " 30. In ILR (1958) Andh Pra 17 it was held that: Meeting implies the coming together of persons for certain purposes of consultations, it is an assembly and is not continued every time a subject is introduced. The entire assembly as such transacting the business before it, is the meeting and the fact that the number of members present fluctuates during the meeting does not make any difference to the nature of the meeting it self. . . . " A meeting is gathering or assembly of a number of people for purposes of inter-curse. entertainment, discussion, legislation and the like or for the purposes of the discussion of matters of public interest or for he purpose of the expression of views on such matters. " It is not case of the any petitioner that the members of the Municipal Council, Churu also assembled on March 20, 1990- the day on which the of the motion of no-confidence was formally declared. It is clear from the letter (Annexure 2) dated April 20, 1990 of the respondent No. 3 that on March 20, 1990 the sealed envelope was simply opened and the result of the meeting held on July 6, 1989 was declared. It cannot thus be said that the meeting was held on March 20, 1990 as defined above and contemplated under Rule 3 of the Rules. ;