PANDHARI SHRIPAT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HOW to count the period of seven days limitation under Section 35 (2) of the Bombay Village Panchayats Act, 1958, (hereinafter called as the "said Act") is the point for consideration which arises in the present petition.

(2.) HEARD the learned advocates for the parties and perused the record. Rule. By consent, the rule is made returnable forthwith.

(3.) THE petitioner challenges the orders passed by the authorities below rejecting the petitions against the no confidence motion passed against the petitioner in a meeting stated to have been held on 27. 03. 2001. The ground of challenge to the resolution is that though the notice requiring the Tahsildar to convene the meeting to consider the no confidence motion against the petitioner was received from the Panchayat members by the Tahsildar on 19. 03. 2001 and the notice thereof convening the meeting was issued immediately, the meeting was actually held on 27. 03. 2001 and therefore, it was held beyond the period of 7 days in contravention of the provisions of law contained in Section 35 of the said Act and hence the proceedings are bad in law. Reliance is sought to be placed on the unreported decision of this Court in Writ Petition No. 575 of 2001, in the matter of Mandabai Balnath Rohom and others v. Ashok Fakira chandar and others, delivered on 13. 06. 2001 in support of the contention that the meeting has to be held within seven days from the date of receipt of the notice by the Tahsildar. On the contrary referring to Section 11 of the Bombay general Clauses Act, 1904, the learned Assistant Government Pleader has submitted that the proceedings, when are required to be taken on a particular day, in accordance with the said Act and Rules made thereunder, if that day happens to be a holiday, the proceedings can certainly be taken on the next day and applying the said provisions of Section 11 of the Bombay General Clauses Act, 1904, no fault can be found with the resolution, which has been passed in the meeting duly convened by the Tahsildar, on 27th March, instead of 26th March which was a holiday being Gudi Padwa day. Undisputedly the notice was received by the Tahsildar on 19. 03. 2001. The meeting to consider the motion was held on 27. 03. 2001. It is also an undisputed fact that 26. 03. 2001 was a holiday being a "gudi Padwa" day.