IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 13297 of 2011 Date of Decision: July 27, 2011 Harwinder Singh …Petitioner Versus State of Punjab and others. …Respondents CORAM: HON’BLE MR. JUSTICE ALOK SINGH Present: Mr. Ashok Singla, Advocate, for the petitioner. 1. Whether reporters of local news papers may be Allowed to see judgment? Yes 2. To be referred to reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes Alok Singh, J. Petitioner assumed the office of Sarpanch on 24.07.2008. A meeting was convened on 13.08.2010 to discuss the “No Confidence Motion”. In a meeting on 13.08.2010 (Annexure P/4), B.D.P.O., Bhawanigarh, having observed that, no meeting to discuss “No Confidence Motion” can be convened within two years CWP No.13297 of 2011 from the date of assuming office, refused to take any action against the petitioner. Fresh notice to convene meeting on 03.09.2010 to discuss “No Confidence Motion” was issued on 26.08.2010. Meeting was convened on 03.09.2010 wherein out of 7 Panches, 5 have voted against the petitioner. Learned counsel for the petitioner has vehemently argued that no meeting can be held to discuss “No Confidence Motion” within 2 years from the date of first No Confidence Motion meeting; first meeting to discuss “No Confidence Motion” was held on 13.08.2010; while meeting in question wherein “No Confidence Motion” was accepted against the petitioner was held on 03.09.2010, therefore, meeting dated 03.09.2010 ipso facto illegal. Section 19 of the Punjab Panchayati Raj Act, 1994, (hereinafter referred to as the Act) reads as under:- “19. No-Confidence motion against Sarpanch – (1) An application regarding intention to move a motion of no-confidence against a Sarpanch be made to the Block Development and Panchayat Officer by a [majority of Panches] [Substituted for the words “two-third majority of the total number of Panches of the Gram Sabha concerned” vide Punjab Act No.12 of 2008] 2 CWP No.13297 of 2011 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 no-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 authorized by the Block Development and Panchayat Officer in this behalf, by (a two-third majority of the total number of Panches office for the time being) (Substituted for the word “a majority of the members of the Gram Sabha present and voting concerned” vide Punjab Act No.12 of 2008), the Sarpanch shall be deemed to have been removed from his office, and a new Sarpanch shall be elected in his place. Provided that if the no-confidence motion is lost another sub motion shall not be moved against that Sarpanch before the expiry of two years from the date of its having been lost.” From the proviso of Section 19 of the Act, it can safely be said that no `No Confidence Motion’ shall be moved before the expiry of two years from the date of 3 CWP No.13297 of 2011 previous meeting wherein `No Confidence Motion’ was lost. From the record, it reveals that in the previous meeting dated 13.08.2010 (Annexure P/4), `No Confidence Motion’ was not accepted by the Block Development and Panchayat Officer having observed that two years have not expired from the date of assuming the office of Sarpanch, therefore, meeting dated 13.08.2010 was not the legal meeting and was held to be illegal, thus, there was no hitch in convening the next meeting on 03.09.2010. Had it been a case of lost of `No Confidence Motion’ in a meeting dated 13.08.2010 perhaps the No Confidence Motion dated 03.09.2010 would be illegal, but present is not the case where “No Confidence Motion” was lost in previous meeting dated 13.08.2010. If previous meeting is held to be illegal then next meeting can be convened any time on the request of the Panches. No other point is raised by the learned Counsel for the petitioner. Dismissed. July 27, 2011 ( Alok Singh ) vkd Judge 4