C.W.P.No.12730 of 2011 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12730 of 2011 Date of decision: September 06,2011 Harbans Kaur ....Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr.Dinesh Kumar, Advocate for the petitioner. Mr.Jaswinder Singh, D.A.G.,Punjab for respondent Nos. 1 to 4. Mr.V.K.Sandhir, Advocate for respondent Nos. 6 to 10. 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) Learned counsel for the petitioner states that as per Section 19 of the Punjab Panchayati Raj Act (hereinafter referred to as 'the Act'), seven days' clear notice is required to be served to convene the meeting to discuss 'No Confidence Motion'; if notice is not clear seven days' notice then any meeting held pursuant to the invalid notice would be nullity and shall stand vitiated; he contends that initial notice was dated 6.10.2010 for meeting dated 12.10.2010, thereafter, second notice was dated 13.10.2010 for meeting to be held on 20.10.2010 and third time, C.W.P.No.12730 of 2011 -2 notice was dated 18.10.2010 for meeting dated 21.10.2010 while as per judgment of this Court dated 15.11.2010 in CWP No.17943 of 2010, Mohinder Khan Vs. Director, Rural Development and Panchayats, Punjab and others, date of notices and date of meetings must be excluded while counting seven days. Notice of motion. On being asked, Mr. Jaswinder Singh, learned Deputy Advocate General, Punjab, has accepted notice on behalf of respondents No.1 to 4. With the consent of the learned counsel for the parties, present petition is being heard and decided today at this admission stage. Learned Deputy Advocate General, Punjab, has fairly stated that all the notices in question are not clear seven days' notice, therefore, meeting held pursuant to the notices in question is nullity in view of the dictum of this Court in the matter of Mohinder Khan Vs. Director, Rural Development and Panchayats, Punjab and others, CWP No.17943 of 2010 decided on 15.11.2010. Learned Deputy Advocate General, Punjab, has fairly stated that let impugned resolution and notice be quashed and respondents shall issue fresh notice strictly in accordance with Section 19 of the Act and shall convene fresh meeting after expiry of seven days. Admittedly, request was sent to convene the meeting to discuss 'No Confidence Motion' prior to the amendment in Section 19, therefore, any request or application moved prior to the amendment in C.W.P.No.12730 of 2011 -3 Section 19 of the Act shall be dealt with in accordance with the then prevailing law in view of Section 6(c) & (d) of the General Clauses Act. In the opinion of this Court, 'No Confidence Motion' cannot be moved within next two years if earlier 'No Confidence Motion' is lost. In the present case, 'No Confidence Motion' is hereby held illegal, therefore, fresh legal notice can be issued and proviso has no application in the present case. In view of the statement made by the leared Deputy Advocate General, Punjab, the present petition is allowed. Resolution dated 21.10.2010 is hereby quashed. However, respondents shall be at liberty to issue fresh notice to convene meeting to discuss 'No Confidence Motion'. (Alok Singh) Judge September 06, 2011 BB