2004 (4) TMI 525 - SC - Indian Laws

Whether in counting the whole number of members of the municipal board in terms of rule 3(9) of the Rajasthan Municipalities (Motion of No-Confidence against Chairman/Vice-Chairman) Rules 1974, nominated members have to be taken into consideration? Held that - Appeal dismissed. As under pre 1994 and post 1994 provisions, the legislature intended that chairman/vice chairman shall be removed on passing of no-confidence motion by requisite majority of members having right to vote.

Summary

Issues Involved:
1. Whether nominated members must be considered in counting "the whole number of members of the municipal board" under rule 3(9) of the Rajasthan Municipalities (Motion of No-Confidence against Chairman/Vice-Chairman) Rules 1974.
2. Interpretation of the term "whole number of members" in the context of the Rajasthan Municipalities Act, 1959 and the 1974 Rules.
3. Impact of the 1994 Constitutional Amendment on the voting rights of nominated members.

Issue-wise Detailed Analysis:

1. Consideration of Nominated Members in Counting "Whole Number of Members":
The primary question was whether nominated members should be included in the count of "the whole number of members of the municipal board" for the purposes of a no-confidence motion. The appellant argued that the total number of members, including nominated members, was 23, and thus, the motion required a 2/3rd majority of 23 (15.33). The SDO, however, excluded nominated members, considering the total as 21, and thus required a 2/3rd majority of 21 (14). The High Court's Single Judge initially held that nominated members should be included, but the Division Bench later excluded them.

2. Interpretation of "Whole Number of Members":
The term "whole number of members" under rule 3(9) of the 1974 Rules was interpreted differently by the parties. The appellant contended that it included nominated members based on the definitions in section 3(36) and section 9 of the Rajasthan Municipalities Act, 1959. However, the respondent argued that post-1994 amendments, which precluded nominated members from voting, the term should only include elected members. The Supreme Court examined the legislative intent and historical context, concluding that "whole number of members" refers to members with voting rights, thus excluding nominated members post-1994 amendments.

3. Impact of the 1994 Constitutional Amendment:
The 1994 Constitutional Amendment introduced Article 243R, which significantly changed the composition and voting rights within municipalities. It allowed for the nomination of members with special knowledge but explicitly precluded them from voting. The Rajasthan Municipalities Act was amended accordingly, but the 1974 Rules were not. The Supreme Court emphasized that the legislative intent, both pre- and post-1994, was to ensure that no-confidence motions were decided by members entitled to vote. This interpretation aligned with the amended sections 9, 65, and 72 of the Act, which restricted voting rights to elected members and certain legislative members.

Conclusion:
The Supreme Court upheld the interpretation that "whole number of members" refers to the total number of members with voting rights, excluding nominated members. This decision was consistent with the legislative changes post-1994, which aimed to differentiate between elected and nominated members concerning voting rights. Consequently, the civil appeals were dismissed, affirming that the no-confidence motion was validly carried by the votes of elected members.