Judgment

Kapadia, J.-The question raised in these civil appeals is - whether in counting “the whole number of members of the municipal board” in terms of rule 3(9) of the Rajasthan Municipalities (Motion of Non-Confidence against Chairman/Vice-Chairman) Rules 1974, nominated members have to be taken into consideration?

2. For sake of convenience, we refer to the facts in Civil Appeal No. 6133 of 2002.

3. On 19.8.2000, elections were held for the Municipal Board, Sanchar, district Jalore. The appellant Ramesh Mehta was elected as Chairperson of the Municipal Board. On 24.10.2000, the State Government nominated two members on the Board. On 6.10.2001, the total number of members of the municipal board consisted of 20 elected members, 2 nominated members and one MLA (Ex-officio). Thus, the total number of members of 6.10.2001 were 23. On that day, the no confidence motion was moved against the Chairperson, in which 15 members voted for the motion. The motion was conducted by the SDO, Sanchar as a nominee of the Collector, Jalore. According to the SDO, the no confidence motion stood carried out as the whole number of members on the board, excluding the nominated members, was 21