Supreme Court of India · 2004-04-20
RAMESH MEHTA vs SANWAL CHAND SINGHVI .
- Citation / case number
- SC 2002/16725
- Court
- Supreme Court of India
- Petitioner
- RAMESH MEHTA
- Respondent
- SANWAL CHAND SINGHVI .
- Author
- S.H. KAPADIA. V.N. KHARE
- Bench
- S.H. KAPADIA. CJI V.N. KHARE
Judgment text excerpt
The Supreme Court held that in determining the 'whole number of members' of a municipal board under Rule 3(9) of the Rajasthan Municipalities (Motion of No-Confidence against Chairman/Vice-Chairman) Rules, 1974, nominated members must be excluded from the count. The Court interpreted this in conjunction with Section 3(36) and Section 9 of the Rajasthan Municipalities Act, 1959, affirming that only elected members are to be considered for the purpose of a no-confidence motion. Consequently, the appeal was allowed, and the decision of the SDO was upheld, confirming the ousting of the Chairperson based on the correct interpretation of the statutory provisions.