JUDGEMENT
JAIN, J. -
(1.) THIS writ petition has been filed with the following prayers: - " (a) by an appropriate writ, order or direction the impugned reports Annx. P/3 and Annexure P/3a dated 7. 8. 1991 may be quashed with all the consequential benefits and reliefs as if these Annexures were not prepared, (b) by an appropriate writ, order or direction the time for fixing the quorum at 11. 00 a. m. vide Annexure P/2 may be treated as null and void as well as may be ignored and be also declared to be illegal and against the provisions of the Rules, 1974, (c) by an appropriate writ, order or direction the Collector, Pali may be directed to convene the meeting for consideration of the motion of no-confidence on the basis of Annexure P/l within seven days, (d) any other appropriate writ, order or direction which is found just and proper may kindly be passed in favour of the petitioners, and (e) that the costs of the writ petition may kindly be awarded to the petitioners. "
(2.) THE averments made in the writ petition may be summarised thus. THE petitioners are members of the Municipal Board, Khudala (Pali ). THE election was held on August 28, 1990. Shri Jabar Chand and Smt. Sharda Gupta are Chairman and Vice-Chairman. THE total strength of the Board is 12 including the Chairman and Vice-Chairman. 10 members of the Board submitted an application Annexure P/l for consideration of the motion of non-confidence against the Chairman. THE Collector, Pali issued notice (Annexure P/2) fixing of August 7, 1991 at 11 a. m. for the consideration of the motion of non-confidence and Shri Hemant Shesh, Additional Collector, Pali was nominated to preside the said meeting. THE meeting was held for the consideration of the motion of non-confidence at the notified date, time and place. Only 9 members were present but the Presiding Officer recorded the presence of only 4 members. On this basis, he held that the motion of non-confidence has been lost for want of quorum. THE same day nine members of the Board submitted a complaint Annexure P/4 before the Collector, Pali.
In reply to the writ petition, the respondent no. 1 and 2 admit that the meeting was held at 11 a. m. On August 7, 1991 in the Hall of the Municipal Board, Khudala, and the motion of non-confidence was lost for want of quorum. An order, Annexure P/3a, was passed by the Presiding Officer Shri Hemant Shesh, Additional Collector, Pali and complaint Annexure P/4 was received by the Collector, Pali the same day.
It has been contended by the learned counsel for the petitioner that actually 9 members were present when the motion of non-confidence was taken up for consideration but the Presiding Officer recorded the presence of only 4 members. This is a disputed question of fact and it cannot be considered by this Court in this writ petition. Moreover, there is a presumption that all official acts are regularly and properly performed.
It was next contended that the Additional Collector, Pali who presided the meeting for consideration of motion of non-confidence did not wait for one hour for other members to come as required under Rule 10, Rajasthan Municipalities (Conduct of Business) Rules, 1974 (hereinafter to be called 'conduct Rules' ). There is no force in this contention. The said Rule 10 runs as under: - "10. Adjournment of a meeting for want of quorum, If within an hour after the time appointed for a meeting, the quorum is not present, the meeting shall stand adjourned, unless all the members present agree to wait longer. " These Rules have been framed under Section 297 read with Section 70 of the Rajasthan Municipalities Act. Section 70 of the Act deals with the provisions in regard to meeting of a Board or its Committee. The meeting held by the Collector or his nominee for the consideration of the motion of non-confidence under Rajasthan Municipalities (Motion of Non-Confidence against Chairman or Vice-Chairman) Rules, 1974 ( In short Non-Confidence Rules) cannot be said to be a meeting of the Board or of its Committee within the meaning of Rule 10 of the Conduct Rules. The Non-Confidence Rules have been framed under Section 297 read with section 72 of the Act. Section 72 deals with the provisions in regard to motion of non-confidence against Chairman and Vice-Chairman. As such the Conduct Rules cannot be held to be applicable to the meetings to consider the motion of non-confidence. The Additional Collector, Pali was not required to wait for one hour. It has been averred in the counter affidavit that he waited upto 11. 30 a. m. Thus there appears to be no infirmity in the order Annexure p/3a of the Additional Collector, Pali holding that the motion of non-confidence against the Chairman has failed for want of quorum. Thus there is no force in the writ petition.
Consequently, the writ petition is dismissed with costs. .
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