SOMVATI SONI Vs. GRAM PANCHAYAT, PADWAR

JUDGEMENT

(1.) This is a Letters Patent Appeal directed against order dated 12 -3 -1998 passed by learned Single Judge in Writ Petition No. 4027 of 1995.

(2.) ON receiving the notice under sub -rule (1) the Prescribed Authority shall satisfy himself about the admissibility of the notice with reference to sections 21(3), 28(3) and 35(3), as the case may be. On being thus satisfied, he shall fix the date, time and place for the meeting of the Gram Panchayat, Janapad Panchayat or Zila Panchayat, as the case may be, which shall not be more than fifteen days from the date of receipt of the said notice. The notice of such meeting specifying the date, time and place thereof shall be caused to be despatched by him through the Secretary of the Gram Panchayat or Chief Executive Officer of the Janpad Panchayat or Zila Panchayat, as the case may be, to every member of the Panchayat concerned seven days before the meeting."

(3.) Learned counsel for the appellant/petitioner next submitted that the notice which was issued does not disclose as to for what purpose the meeting was called. Though this argument has not been advanced by the appellant before the learned Single Judge, however, the learned counsel submitted that it is a legal question which may be interpreted by this Court for future guidance of the authorities. We have bestowed our best of consideration to sub -rule (3) of Rule 3 of the Avishwas Prastav Niyam. The expression the notice of such meeting appearing in sub -rule (3) signifies that apart from fixing date, time and place of the meeting, the authority should also specify the purpose of the meeting. In absence of specifying the purpose the notice is vague. Learned counsel submitted that giving a blank notice specifying date, time and place of the meeting does not convey the purpose for which the said meeting is called. Learned counsel for the appellant invited our attention to the provisions of the Madhya Pradesh Panchayat (Procedure of Meeting and Conduct of Business) Rules 1994 (for short the Conduct of Business Rules) and submitted that Rule 3 deals with convening of the meeting. It contemplates that for convening meeting, apart from fixing date, time and place, business which is going to be transacted should also be mentioned in the notice. Rule 3 of the Conduct of Business Rules reads as under: