Rajasthan Municipalities (Motion of No Confidence Against Chairperson or Vice Chairperson) Rules, 2017–Rule 3–Quashment of no-confidence motion on the ground that the ex-Officio members were not included–Impugned order of quashment can not be sustained in view of following reasons-(1) Respondent No. 6 neither choose to challenge the notice of no-confidence motion nor she challenged the motion immediately after it was passed–Despite that, she opted to contest the fresh election and after withdrawal of nomination, she filed the writ petition after delay of two months and ten days–She is estopped by her conduct.
(2) Fresh election of the office of the Chairperson cannot be challenged by belatedly questioning the validity of no-confidence motion validly carried out.
(3) Out of total 25 elected members, 22 members participated and 21 members voted in favour of no-confidence motion–Even two ex-Officio members are included, the number of third-forth members would gone to 21 and 21 elected members have already voted against the respondent no. 6.
(4) Judgment of Rajkumar Jaiswal would apply only in cases where the challenge has been made to no confidence motion–In the instant case, the respondent No. 6 allowed to develop the subsequent change.
(5) Appellant, who was elected in subsequent election to no confidence motion, his election could have been challenged only by way of election petition presented in accordance with the provisions of Sec. 31 of Act Impugned judgment passed by Single Bench deserves to be set aside.
