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2006 DIGILAW 2745 (RAJ)

Laxmi Kanwar Hadla v. State

2006-09-15

BHAGABATI PRASAD BANERJEE

body2006
Judgment Bhagwati Prasad, J.-Heard 2. All the three petitions are disposed of by this common order. Facts of Petition No. 5006/2006 are taken into account. 3. Office has reported that service is complete. Reply has also been filed. Arguments were heard by agreement of the parties. 4. Learned Counsel for the petitioner has urged two points one of them is that no notice was send to her as delineated in law. Learned AAG for the State produce the original file. The original file contains the postal receipts of the notice which was sent by the registered post on 30.08.2006 to the petitioner meeting was on 07.09.2006. The notice under Sub-rule (2) of the Rule 3 of the Rules of Rajasthan Municipalities [Motion of No confidence Against Chairman or Vice-Chairman Rules 1974, requires sending of the notice by the registered mode and that stands confirmed by looking at the file. It is also borne out that it was more than seven days before meeting. A copy of postal receipt is ordered to be kept on file. 5. The other argument raised by the learned Counsel is that notice sent was not accompanied with the motion of no confidence motion as such the requirement of Rule 2 has not been met. 6. Provision of Rule 2 when referred there is no whisper that notice is required to be accompanied by stating any allegation. It is only provided under the Sub-rule [1] that motion of no confidence be attached and that is for the authorities to confirm. 7. Learned Counsel also urges two specific points one of natural justice and another is in relation to inconvenience. The principals of natural justice are the outcome of common law doctrine which has nothing to do with the strict jacket election law. AS regards, inconvenience learned Counsel has cited the decision of the Honble Apex Court in the matter of Raza Buland Sugar Co. Ltd. Rampur vs. The Municipal Board, Rampur, reported in AIR 1965 SC 895 . In this case it has been interpreted that how a Statute should be interpreted in such situations the case does not relate to the interpretation of Election Statutes where the Statues strictly construed. The doctrine of inconvenience and natural justice or have nothing to do with the Election Law. Election Law gives what is provided and beyond that nothing comes to the election process. The doctrine of inconvenience and natural justice or have nothing to do with the Election Law. Election Law gives what is provided and beyond that nothing comes to the election process. The election being the creation of the Statute it has to confirm to the Statute. Anything not contained in statutory provisions cannot be imported in the provisions. That being the position the arguments are rejected as being invalid. 8. In that view of the matter, no prejudice is seen and, therefore, the petitioners petitions are, therefore, do not require any interference in the motion of no confidence. The petitions having no force is hereby dismissed. 9. Pursuant to the dismissal of the writ petition the ADM, City Bikaner present in the Court was directed to present the Ballet Box. The Ballet Box was opened. On opening 42 ballets were recovered when counted. Out of the 42 ballets 41 ballets were found in favour of the no confidence motion, no ballet was caste against the no confidence motion and one was found blank. 10. Total number of the members Bikaner Municipal Council are 58. Out of them 55 are elected members and three were public representatives. That makes affective strengths of the Municipal Council as 58. 2/3 of the 58 comes out to 38.66 which is made to its highest number that is 39. In that position when 41 votes being found in favour of the no confidence motion the motion effectively can be said to be carried out. 11. In view of the above, a direction is issued to the Collector, Bikaner to declare the result forthwith of the no confidence motion in accordance with wishes of the majority. The ballet papers and record is handed over back to the learned Addl. Advocate General to be passed it to the authorities.