IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 21825 of 2010 Date of Decision: 07.12.2010 Paramjit Kaur .... Petitioner Versus State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Manish Kumar Singla, Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ALOK SINGH, J. (ORAL) With the consent of Mr. Satish Bhanot, Addl. A.G. Punjab, present petition is being disposed of at the admission stage. Perusal of the record reveals that notice to convene meeting for no confidence motion dated 23.9.2010 was despatched by Registered Post on 24.9.2010. Meeting was said to be held on 1.10.2010. Division Bench of this Court in the matter of Mohinder Singh vs. State of Punjab and others, reported in 2006(1) PLR 290 has held that notice to convene meeting under Section 19(2) of the Punjab Panchayati Raj Act, 1994 should be 7 days clear notice. It has further held that first day and last day of the notice should be excluded for the purpose of counting clear 7 days. In the opinion of this Court period of clear seven days would commence from the next day from the day notice to C.W.P. No. 21825 of 2010 2 convene the meeting was served. Date of notice is immaterial. Date of service of notice is material. Clear seven days should be granted after notice to convene the meeting is served. Applying the ratio of judgment of Mohinder Singh (supra), I find that meeting held on 1.10.2010 is not valid since notice was despatched and sent by Registered Post on 24.9.2010. Even if it is presumed that notice was served on 25.9.2010 even then meeting was convened before expiry of clear 7 days. In view of this resolution stands vitiated, hence is quashed. However, it is clarify that respondent shall be at liberty to issue fresh legal notice to convene a meeting to discuss no confidence motion in accordance with law. Petition stands allowed accordingly. (ALOK SINGH) 07.12.2010 JUDGE reena