C.W.P. No. 21742 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 21742 of 2010 Date of Decision: 07.12.2010 Gurdarshan Singh .... Petitioner Versus State of Punjab and others ... 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. 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. Section 19 of the Punjab Panchayati Raj Act reads as under:- “19. Non-Confidence motion against Sarpanch.- (1) An application regarding intention to move a motion of non-confidence against a Sarpanch be made to the Block Development and Panchayat Officer by a majority of Panches. C.W.P. No. 21742 of 2010 2 Provided that no such application shall be made unless a period of two years has elapsed from the date on which the Sarpanch assumed his office. (2) The Block Development and Panchayat Officer shall, within a period of fifteen days of the receipt of application under sub-section (1), convene a meeting of the Gram Panchayat by giving seven clear days in notice, for discussing and taking decision on the no-confidence motion. (3) If the non-confidence motion is carried in the meeting convened under sub-section (2) which shall be presided over by the Block Development and Panchayat Officer or an officer not below the rank of Social Education and Panchayat Officer authorised by the Block Development and Panchayat Officer in this behalf, by a two-third majority of the total number of Panches holding office for the time being), the Sarpanch shall be deemed to have been removed from his office, and a new Sarpanch shall be elected in his placed: Provided that if the no-confidence motion is lost another such motion shall not be moved again that Sarpanch before the expiry of two years from the date of its having been lost.” 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 C.W.P. No. 21742 of 2010 3 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. Petition stands disposed of. (ALOK SINGH) 07.12.2010 JUDGE reena