RATHORE, J. - (1.) PRESENT petition is directed against the order dated 21. 6. 2002 passed by the District Collector, Bharatpur and against the notice dated 21/6/2002 also issued by District Collector, Bharatpur.
(2.) BRIEF facts of the case are that the petitioners are the elected ward members of Municipal Board Kumher District Bharatpur. Total 20 ward members were elected. In addition to the elected ward members there are two co-opted members. District Collector Bharatpur issued a notice dated 21/6/2002 for convening a meeting for consideration of motion upon the request made by the petitioners. An application dated 11/6/2002 along with no confidence motion duly signed by petitioners was moved against the Chairman of Municipal Board Kumher to the District Collector Bharatpur. It is given out by petitioners that no action was taken on the aforesaid application dated 11/6/2002 till 14/6/2002. In the meantime, petitioners moved another written application duly signed and duly attested by Notary Public to District collector to withdraw their earlier application dated 11/6/2002. On application dated 14/6/2002 so moved on behalf of the petitioners to withdraw their earlier application dated 11/6/2002 regarding no confidence motion against the Chairman of Municipal Board Kumher, the District Collector fixed a date for hearing on the application dated 14. 6. 2002 to decide this question as to whether such application can be entertained or not, once an application for no confidence motion has been moved, such application can be withdrawn by subsequent application. Another application dated 19. 6. 2002 was also moved on behalf of respondent No. 4 Chairman of Municipal Board, Kumher with intention to summon the eight ward members who moved the application dated 14/6/2002 for withdrawal of the application for no confidence motion dated 11/6/2002.
(3.) THE District Collector, Bharatpur after hearing the rival submissions of the parties dismissed the application of the petitioner dated 14/6/2002 vide its judgment dated 21/6/2002. After dismissing the application dated 14/6/2002 the District Collector, Bharatpur issued a notice dated 21/6/2002 for convening a meeting for consideration of application for no confidence motion dated 11. 6. 2002 against the Chairman and fixed the date 4. 7. 2002 and has also authorised the SDo Kumher to preside over the meeting. Before the date fixed for consideration of motion i. e. 4. 7. 2002 the petitioners filed this writ petition before this Court. Matter was listed before this Court on 28. 6. 2002 and 1. 7. 2002. Since the petitioners in view of the order dated 28. 6. 2002 of this Court has not filed notices for respondents No. 1 to 3 the petitioner was directed to file the notices for respondent No. 1 to 3 and learned Advocate General who was present in the Court was requested to accept the notices on behalf of respondent No. 1 to 3. On the joint request the matter was listed on 3. 7. 2002. ;