Full Bench clarifies that only elected members are counted for the 2/3 majority required to carry no-confidence motions, overruling prior interpretations and distinguishing Supreme Court precedents
In a landmark judgment dated October 26, 2026, the Full Bench of the Rajasthan High Court (Jaipur Bench) resolved a long-standing legal ambiguity concerning the voting rights of nominated members in no-confidence motions against Chairpersons or Vice-Chairpersons of Municipal Boards. The case arose from no-confidence proceedings against Hemraj Sharma, Vice Chairman of the Municipal Board, Mangrole, District Baran, in 2001, which had ignited a legal dispute about whether nominated members should be included in the calculation of the requisite two-thirds majority to carry such motions.
The Court, comprising Chief Justice Sanjay K. Agrawal and Justices Sameer Jain and Bhuwan Goyal, answered a reference question: "Whether the nominated members could be rightly excluded from the total number or whole number of members for the purpose of considering the requisite 2/3 majority?" The question was referred to the Full Bench after conflicting decisions within the Rajasthan High Court and reliance on the Supreme Court's decision in Raees Ahmad v. State of U.P. (2000), which had previously been interpreted to include nominated members in the voting strength.
The Full Bench carefully analyzed the statutory scheme under the Rajasthan Municipalities Act, 1959 (then in force) and the subsequent Rajasthan Municipalities Act, 2009, alongside the Rajasthan Municipalities (Motion of No Confidence against Chairperson or Vice-Chairperson) Rules, 1974 (replaced by Rules of 2007). It also examined constitutional provisions under Article 243R of the Indian Constitution, which permits nominated members with special knowledge or experience to be part of Municipalities but explicitly denies them voting rights.
A pivotal point in the judgment was the Supreme Court's authoritative decision in Ramesh Mehta v. Sanwal Chand Singhvi (2004), which directly construed the same Rajasthan Acts and Rules to hold that the "whole number of members" for voting purposes means only those entitled to vote - i.e., elected members. The Full Bench distinguished the earlier Raees Ahmad ruling, noting that it dealt with a different statutory scheme involving direct election of the Chairman, whereas in Rajasthan, the Chairman is elected from among elected members.
The Court observed that legislative amendments post-2003 reinforced this interpretation. The 2009 Act and 2007 Rules explicitly provide that nominated members have no right to vote and exclude them from the definition of "eligible members." Therefore, nominated members play an essentially advisory role and are not to be included in the denominator when calculating the 2/3 majority for passing a no-confidence motion.
Since the no-confidence motion in the present case was carried out in 2001, the Court held that remitting the case for merits would serve no useful purpose and disposed of the appeals as infructuous, with parties bearing their own costs.
This judgment brings clarity and uniformity to the governance of Municipal Boards in Rajasthan, ensuring that only those members entitled to vote-elected representatives-determine the fate of Chairpersons or Vice-Chairpersons in no-confidence motions.
Bottom Line:
Rajasthan Municipalities - No-confidence motion against Chairman/Vice-Chairman - Nominated members having no right to vote cannot be included in the whole number or total number of members for computing requisite 2/3 majority - Expression "whole number of members" means members entitled to vote - Raees Ahmad distinguished and Ramesh Mehta followed.
Statutory provision(s): Rajasthan Municipalities Act, 1959, Rajasthan Municipalities Act, 2009, Rajasthan Municipalities (Motion of No Confidence against Chairperson or Vice-Chairperson) Rules, 1974, Rajasthan Municipalities (Motion of No Confidence against Chairperson or Vice-Chairperson) Rules, 2007, Constitution of India Article 243R
Dharam Pal Singh Jain v. State of Rajasthan, (Raj)(FB)(Jaipur Bench) : Law Finder Doc Id # 3004145
