1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.456/2008 (Babu Lal Vs. State & Anr.) Date of order : 21.01.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Shambhoo Singh, for the petitioner. Heard learned counsel for the petitioner. The petitioner has challenged the notice dated 31.12.2007 Annexure-1, which is said to be received by the petitioner on 16.1.2008 on the ground that the notice has been issued in contravention of Section 37 (3) (iii) of the Rajasthan Panchayati Raj Act, 1994. As per Section 37 (3) (iii) of the Act, a notice of not less then seven clear days of such meeting is required to be given to the members. Further, It is contended by the learned counsel for the petitioner that “No Confidence Motion” application has been filed in contravention of Rules that is to say not in the prescribed form. I have perused the application filed by nine 2 applicants, who are 'Panchas' of the Gram Panchayat Janapur. Upon perusal of the said “No Confidence Motion”, it is clear that it is addressed to the Chief Executive Officer and requirement of Form-I is complete in all respects, therefore, it cannot be said that “No Confidence Motion” application filed by nine 'panchas' is not in accordance with Rule 21 (2) of the Rajasthan Panchayati Raj Rules, 1996. Similarly, the notice of meeting was issued on 31.12.2007 and meeting is going to be held today itself. As per Section 37 (3) (iii) of the Act, though it is prescribed that the members are to be given notice of not less than seven clear days of such meeting in such manner as may be prescribed. It is nowhere mentioned that it must be received before seven days. Requirement of Rule is that notice is to be given for not less than seven clear days of meeting and it has been issued on 31.12.2007, therefore, in my opinion, there is no contravention of any Rule or any provisions of the Act. Accordingly, this writ petition is dismissed. (GOPAL KRISHAN VYAS), J. arun