GURDARSHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) WITH the consent of Mr. Satish Bhanot, Addl. A.G. Punjab, present petition is being disposed of at the admission stage.

(2.) IN the present petition, Sarpanch -petitioner has assumed office of the Sarpanch on 26.8.2008 while application to convene a meeting of the Gram Panchayat for discussing and taking decision on the no confidence motion was moved on 26.8.2010.

(3.) FROM the perusal of proviso to the Section 19, it is thus clear that application to convene meeting for no confidence motion can be moved only after expiry of two years from the date Sarpanch assumes office of the Sarpanch. Since petitioner has assumed office of Sapanch on 26.8.2008 and application to convene meeting was moved on 26.8.2010, hence, application seems to have been moved within two years and not after expiry of two years. In the opinion of this Court for the purpose of counting period of two years first day of assuming office and last day of the second year should be excluded in view of Section 9 of General Clauses Act. Thus, in the opinion of this Court after excluding 26.8.2008 and 26.8.2009 application could be moved only after 26.8.2009 and not before. Consequently, writ petition is allowed. Impugned meeting is quashed. However, it is made clear that respondent shall be at liberty to move fresh application in accordance with law and respondent shall be at liberty to pass order thereon in accordance with law.