YASHPAL Vs. STATE OF H.P.

JUDGEMENT

(1.) BRIEF facts necessary for the adjudication of this appeal are that the petitioner was elected as a Chairman to the Panchayat Samiti, Nahan. Respondent No. 3 received on 15th January, 2008, a copy of notice whereby a resolution of no -confidence was to be moved against the Chairman as well as Vice Chairman of the Panchayat Samiti, Nahan. In sequel to the notice dated 15th January, 2008 respondent No. 3 issued a notice on 16th January, 2008 whereby meeting of Panchayat Samiti was called on 23rd January, 2008 to consider the motion of no -confidence against the Chairman and Vice Chairman. It appears from the record that on the basis of report from the Station House Officer, Nahan on 21st January, 2008, respondent No. 3 cancelled the proposed meeting of 23rd January, 2008 on 22nd January, 2008. He sent a communication to the Director, Panchayati Raj on 22nd January, 2008 seeking guidelines from him in view of sub -rule (1) of rule 131 of the Himachal Pradesh Panchayati Raj (General) Rules, 1997. The Director informed respondent No. 3 on 23rd January, 2008 that no -confidence motion against Chairman and Vice Chairman was required to be convened within 15 days and in the present case on or before 30th January, 2008 so that meeting could be convened on 7 days notice as per Rule 131 of the Himachal Pradesh Panchayati Raj (General) Rules, 1997. The text of letter dated 23rd January, 2008 reads thus :

(2.) RESPONDENT No. 3 issued a fresh notice on 23.1.2008 for convening the meeting on 30th January, 2008 under rule 131 of the Himachal Pradesh Panchayati Raj (General) Rules, 1997. The petitioner received the copy of this notice on 26th January, 2008. He approached this Court by way of present petition. The Court passed the following order on 28th January, 2008 : Issue notice of the respondents, which is accepted by Mr. P.M. Negi, Dy. Advocate General. Let a short reply be filed on or before the next date. Record be also produced. List on 15th February, 2008. Learned Counsel for the petitioner submits that his client shall not discharge any functions as Chairman/President/ Panchayat Samiti, Nahan, till the next date of hearing. He further submits that notice dated 23.1.200 (Annexure P -70 was served upon him on 26th January, 2008 for a meeting to be convened on 30th January, 2008. According to him, statutory period of 7 days of prior notice, as stipulated under Rule 131 of the Himachal Pradesh Panchayati Raj (General) Rules, 1997 has not been compiled with. In the meanwhile, no meeting of Panchayat Samiti, Nahan, in terms of notice dated 23rd January, 2008 shall be held on 30th January, 2008. -

(3.) RESPONDENT No. 3 after the modification of the order by this Court issue fresh notice dated 16.2.2008 for convening a meeting on 25th February, 2008 to consider the no confidence motion. The petitioner received copy of notice on 21st February, 2008. In the meantime, the Court passed the following orders on 22nd February, 2008 in CMP No. 153/2008 : CMP No. 153/2008 Heard. No case is made out for interim order. Put up before the court after Winter Vacation. The meeting may be held as scheduled which shall be subjected to the writ petition.