SUKHCHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short question involved in the present petition is as to whether notice dated 15.9.2010 to convene the meeting on 22.9.2010 to discuss the No Confidence Motion is an illegal notice, which is short of 7 days clear period ?

(2.) The Division Bench of this Court in Mohinder Singh v. State of Punjab and others, 2006 2 RCR(Civ) 349 , has observed that notice under Section 19(2) of the Punjab Panchayati Raj Act, 1994 should be 7 days clear notice and the first and the last day of the notice must be excluded for the purposes of counting 7 days period.

(3.) Since the date of notice is 15.9.2010 and the meeting was convened on 22.9.2010, hence meeting seems to have been convened prior to the expiry of 7 days clear period as required under Section 19(2) of the Act. In the opinion of this Court, 7 days clear period should be counted not from the date of notice but from the date notice is served on the members/panches after excluding the date of service of notice. After the date of service of notice, there should be 7 days clear period in between the service of notice and the day of convening the meeting.