Arun Kumar, CJ.-This batch of appeals and D. B. Civil Writ Petition No. 3879/2001 raise common questions of law and, therefore, they were heard together and are being disposed of by this judgment. The only additional point raised in D. B. Civil Writ Petition No. 3839/2001 is that it challenges vires of Section 3(36) of the Rajasthan Municipalities Act, 1959 (hereinafter to be referred to as the Act) read with Rule 3, Sub-rule

(9) of the Rajasthan Municipalities (Motion of No Confidence Against Chairman and Vice-Chairman) Rules, 1974 (hereinafter referred to as “No Confidence Motion Rules”) on the ground that these are violative of Articles 14 and 243-R of the Constitution of India. Though, several legal issues have been raised in these cases, the foremost point is, as to whether nominated members of a Municipal Board, who have been meetings of the Board, should be counted in total no confidence in the Chairman or Vice-Chairman of the Board.

.2. As per facts on record, no confidence motions in these various cases could be taken to have been passed by two third majority of the members if the nominated members are not counted for the purpose of total number of members of the M