CWP No.20838 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.20838 of 2010 Date of decision: 23.11.2010 Narinder Singh ....Petitioner Versus The State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Ms. Naiya Gill, Advocate, for the petitioner. Mr. Praveen Chander Goyal, Addl. A.G., Punjab, for respondents No.1 to 3. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) In the case in hand short question is involved, i.e. as to whether notice (Annexure P-1) under Section 19(2) of the Punjab Panchayati Raj Act is illegal? On request learned Additional Advocate General, Mr. Praveen Chander Goyal, has accepted notice. Other respondents need not be served. Counsel for the petitioner and Additional Advocate General, Punjab, heard at length. Undisputedly, notice is dated 11.8.2010 and meeting for no confidence was convened on 16.8.2010. As per judgment of the Division Bench of this Court in the matter of Mohinder Singh Vs. State of Punjab and others, 2006(2) R.C.R.(Civil) 349 and judgment of this Court in CWP No.18387 of 2009 titled “Raj Kumar and others Vs. CWP No.20838 of 2010 -2- State of Punjab and others” decided on 5.10.2010, first day and last day of the notice should be excluded for the purpose of counting seven clear days in view of Section 19(2) of the Punjab Panchayati Raj Act read with Section 9 of the General Clauses Act. Since notice is short of seven days, hence notice and no confidence motion stand vitiated. Petition is allowed. Impugned notice and resolution are quashed. However, it is observed that respondents shall be at liberty to issue fresh notice in accordance with law and to convene fresh no confidence meeting in accordance with law, if they so desire. (Alok Singh) Judge November 23, 2010 R.S.