-< HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE BENCH : HON'BLE SHRI S.R. NAYAK, CJ. WRIT PETITiON No.2075 OF 200S PETITIONER Ayodhya Son of Late Laxmi Prasad Pandey, Aged about 36 years, Vice President Janpad Panchayat Masturi and R/o at Post Malhar, District Bilaspur (C.G.) Versus 1. State of Chhattisgarh, Through : The Panchayat Social Welfare Department, D.K.S. Bhawan, Raipur (C.G.) RESPONDENTS ^ 6. 8. The Collector, Bilaspur (C.G.) Bilaspur, Distt. The Additional Collector, Bilaspur, Distt. Bilaspur (C.G.) The Presiding Officer (Appointed U/s 28 of the Panchayat Raj Adhiniyam, 1993) Deputy Collector, Cum-Sub- Divisional Officer, Bilaspur Distt. Bilaspur (C.G.) The Chief Executive Officer, Janpad Panchayat Masturi, Distt. Bilaspur Bhagirathi, S/o Shri Khadak Singh, aged about 32 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Julahi, Post Sothi, District Bilaspur (C.G.) Devendra Kumar, S/o Shri Ghumuklal, Aged about 30 years, Member of Janpad Panchayat Masturi, R/o Village-Gram, Post Bitkula, District Bilaspur (C.G.) Smt. Laxmin, Wife of Shri Girijasankar, Aged about 18 years, Member of Janpad panchayat Masturi, R/o Vil!age- Gram Post Podi, District Bilaspur (C.G.) ' -SL.~ <s 9. Smt. Rampayari, wife of Shri Mannulal, Aged about 30 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Podi, District Bilaspur (C.G.) 10. Shri Shashibhushan, s/o Shri Ramadhar, Aged about 33 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Slpat, District Bilaspur (C.G.) 11. Ghanshayam Prasad, S/o Shri nanduram, Aged about 33 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Pandhi, District Bilaspur (C.G.) 12. Smt. Pumima, Wife of shri Rajeshkumar, Aged about 30 years, Member of Janpad Panchayat Masturi, R/o Viilage-Gram paraghat, Post Jairam Nagar, District Bilaspur (C.G.) 13. Smt. Kiran, Wife of shri Santosh, Aged about 37 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Masturi, District Bilaspur (C.G.) 14. Gajendra Choudhary, S/o Shri lekharam, Aged about 35 years, Member of Janpad Panchayat Masturi, R/o Village-Gram lawar, Post Masturi, District Bilaspur (C.G.) 15. Ashok Kumar, S/o Shri Agahandas, Aged about 35 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Saragawa, Post Masturi, District Bilaspur (C.G.) 16. Smt. Kaushilva, Wife of Shri Anil Kumar, Aged about 30 years, Member of Janpad Panchayat Mastu", R/o VSHage-Qram Post Tikari, DistrictBilaspur (C.G.) 17. Smt. Jageshawari, Wife of Shri Pramod, Aged about 28 years, Wember of Janpad Panchayat Masturi, R/o Village-Gram -•3- Dhangawa, Post Bilaspur (C.G.) Okhar, District .« 18. Smt. Lalita Bai, Wife of Shri Dwarika, Aged about 32 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Dangawa, Post Okhar, District Bilaspur (C.G.) 19. Brijmohan, S/o shri Madhav Singh, Aged about 40 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Pachpedi, District Bilaspur (C.G.) 20. Kedarnath, S/o Shrt Dayaram, Aged about 35 years, Member of Janpad Panchayat Masturi, R/o Village- Gram Post Godadeeh, District Bilaspur (C.G.) 21. Vishnukumar, S/o Shri Gangaram, Aged about 40 years Member of Janpad Panchayat Masturi, R/o Village-Gram Sarseni, Post Tikari, District Bilaspur (C.G.) 22. Smt. Pushpadevi, Wife of Shri Chandrabhan, Aged about 25 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Chilhari, Post Loharsi, District Bilaspur (C.G.) 23. Gendram, S/o Shri Salikram, Aged about 32 years, Member of Janpad Panchayat Masturi, R/o Village- Gram Bohardeeh, Post Loharsi, District Bilaspur (C.G.) 24. Sunahar Ram, S/o Shri Taturam, Aged about 51 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Jodhara, District Bilaspur(C.G.) 25. Smt. Sunita, Wife of Shri Ramprasad, Aged about 30 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Son, District Bilaspur (C.G.) -^- WRIT PETITION No.2076 OF 2006 PETITIONER RESPONDENTS 'y" 2. 3. T~ 6. 8. Shankar Prasad Son of Shri Surajbali Yadav, Aged about 42 years, President Janpad Panchayat Masturi and R/o at Post Masturi, District Bilaspur (C.G.) Versus State of Chhattisgarh, Through : The Panchayat Social Welfare Department, D.K.S. Bhawan, Raipur (C.G.) The Collector, Bilaspur (C.G.) Bilaspur, Distt. The Additional Collector, Bilaspur, Distt. Bilaspur (C.G.) The Presiding OfRcer (Appointed U/s 28 of the Panchayat Raj Adhiniyam, 1993) Deputy Collector, Cum-Sub- Divisional OfRcer, Bilaspur Distt. Bilaspur (C.G.) The Chief Executive Officer, Janpad Panchayat Masturi, Distt. Bilaspur (C.G.) Bhagirathi, S/o Shri Khadak Singh, aged about 32 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Julahi, Post Sothi, District Bilaspur (C.G.) Devendra Kumar, S/o Shri Ghumuklal, Aged about 30 years, Member of Janpad Panchayat Masturi, R/o Village-Gram, Post Bitkula, District Bilaspur (C.G.) Smt. Laxmin, Wife of Shri Girijasankar, Aged about 18 years, Member of Janpad panchayat Masturi, R/o Village- Gram Post Podi, District Bilaspur (C.G.) Smt. Rampayari, wife of Shri Mannulal, Aged about 30 years, Member of Janpad Panchayat B^E^;:^-:--:' -6- f I? <.: A4asturi, R/o Village-Gram Post Podi, District Bilaspur (C.G.) 10. Shri Shashibhushan, s/o Shri Ramadhar, Aged about 33 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Sipat, District Bilaspur (C.G.) 11. Ghanshayam Prasad, S/o Shri nanduram, Aged about 33 years, Member of Janpad Panchayat Masturi, R/o Viltage-Gram Post Pandhi, District Bilaspur (C.G.) 12. Smt. Purnima, Wife of shri Rajeshkumar, Aged about 30 years, Member of Janpad Panchayat Masturi, R/o Village-Gram paraghat, Post Jairam Nagar, District Bilaspur (C.G.) 13. Smt. Kiran, Wife of shri Santosh, Aged about 37 years, Member of Janpad Panchayat Masturi, R/o Vitlage-Gram Post Masturi, Disfrict Bitaspur (C.G.) 14. Gajendra Choudhary, S/o Shri lekharam, Aged about 35 years, Member of Janpad Panchayat Masturi, R/o Wllage-Gram lawar, Post Masturi, District Bilaspur (C.G.) 15. Ashok Kumar, S/o Shri Agahandas, Aged about 35 years, Member of Janpad Panchayat Masturi, R/o Viliage-Gram Saragawa, Post Masturi, District Bilaspur (C.G.) 16. Smt. Kaushilya, Wife of Shri Anit Kumar, Aged about 30 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Tikari, District Bilaspur (C.G.) 17. Smt. Jageshawari, W'rfe of Shri Pramod, Aged about 28 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Dhangawa, Post Okhar, District Bilaspur (C.G.) 7 -6- "y 18. Smt. Lalita Bai, Wife of Shri Dwarika, Aged about 32 years, Member of Janpad Panchayat Masturi, R/o Viiiage-Gram Dangawa, Post Okhar, District Bilaspur (C.G.) 19. Brijmohan, S/o shri Madhav Singh, Aged about 40 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Pachpedi, District Bilaspur (C.G.) 20. Kedarnath, S/o Shri Dayaram, ftged about 35 years, Member of Janpad Panchayat Masturi, R/o Viltage- Gram Post Godadeeh, District Bilaspur (C.G.) 21. Vishnukumar, S/o Shri Gangaram, Aged about 40 years Member of Janpad Panchayat Masturi, R/o Viltage-Gram Sarseni, Post Tikari, District Bilaspur (C.G.) 22. Smt. Pushpadevi, Wife of Shri Chandrabhan, Aged about 25 yeare, Member of Janpad Panchayat Masturi, R/o Village-Gram Chilhari, Post Loharsi, District Bitaspur (C.G.) 23. Gendram, S/o Shri Salikram, Aged about 32 years, Member of Janpad Panchayat Masturi, R/o Village- Gram Bohardeeh, Post Loharsi, District Bilaspur (C.G.) 24. Sunahar Ram, S/o Shri Taturam, Aged about 51 years, Member of Janpad Panchayat Masturi, FVo Viltage-Gram Post Jodhara, District Bitaspur (C.G.) 25. Smt. Sunita, Wife of Shri Ramprasad, /^ed about 30 years, Member of Janpad Panchayat Masturi, R/o Village-Gram Post Son, District Bilaspur (C.G.) Present: Shri Rajssh Pandey, tearned counsel for the petitioners. Shri Sanjay S Agrawal, learned Govt. Advocate for the State. y ^ -7- y ORAL ORDER (Passed on 20tn April, 2006) Since the question that arises for decision-making in both the writ petitions is identical, they are clubbed, heard together and they are being disposed of by this common order. (2) The petitioner is the Vice President of Janpad Panchayat, Masturi for a term of five years from 2005 to 2009. It appears that the respondents Nos. 6 to 25 who are the Members of Janpad Panchayat, Masturi submitted a 'no confidence motion' to the Additional Collector, Bilaspur District, the 3 respondent herein. The 3rd respondent taking cognizance of the said 'no confidence motion' has convened the meeting of Janpad Panchayat on 24 April, 2006. Feeling aggrieved by the above action of the 3 respondent, this writ petition is filed. (3) It was contended by the leamed counsel for the petitioner that the 3 respondent has no authority to convene the meeting to consider the 'no confidence motion' submitted bv resoondent Nos. 6 to 25. It was submitted that under Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyanf), only the Collector of the District has authority to convene the meeting. In support of the above contention, iearned counsel would draw my attention to Notification No. 705/P/22/2003 dated 13th May, 2003 (Annexure P/6), issued by the State Govemment in exercise of the power conferred by the clause (xxi) of Section 2 read with sub-Section (3) of Section 93 of the Adhiniyam. (4) Section 28 of the Adhiniyam deals with 'no confidence motion' against President or Vice President of Janpad Panchayat. Section 28 ^ -8- Y (-. itself does not prescribe as to who is the competent authority to convene a meeting of Janpad Panchayat to consider 'no confidence motion' against President or Vice President. Sub-Section (2) of Section 28 of the Adhiniyam states that meeting to consider 'no confidence motion' shall be convened in such a manner as may be prescribed and shall be presided over by an ofRcer of the Government as the 'Prescribed Authority'. The term "Prescribed Authority" is defined in clause (xxi) of Section 2 of the Adhiniyam which reads as follows: (xxi) " 'Prescribed Authority' in any provision of this Act means such officer or authority as the State Government may, by notification, direct to discharge the functions of a prescribed authority under that provision." (5) In exercise of the powers conferred by the clause (xxi) of Section 2 read with sub-section (3) of Section 93 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and in supersession of earlier Notification No. 705/P/22/2003 dated 13-05-2003, the State Government of Chhattisgarh has directed that the officer or ttie Authority mentioned in column (2) of the tabie below shall discharge the functions of the Prescribed Authority for the purpose of Sections of the Adhiniyam mentioned in corresponding entry in column (3) thereof. Table No. (1) Officer or Authority (2) Section (3) 1. Collector 13(4)(one) and (6) -3- 2. Collector 3. Tehsitdar 4. Tehsildar 5. Tehsildar 6. Sub-D'ivisional OfRcer (Revenue) 7. Secretary, Gram Panchayat 8. Sub-Divisional Officer (Revenue) 9. Collector 10. Sub-Divisional Officer (Revenue) 11. Sub-Divisional OfRcer (Revenue) 12. Collector/Additional Collector 13. Distt. Joint Director/Dy. Director Panchayat and Social Welfare 14. Chief Executive. Officer Janpad Panchayat 17(4) 17(5) 18(2) 18(3) 19 20(1) 21(2) 23(1) 23(3)(one) and (5) 25(1) 25(2)(two) 26 27(1) 15. Cotlector 28(2) 16. Collector 17. Collector/Additional Collector 18. Collector/Additional Collector 19. Director, Panchayat 20. Collector/Additional Collector 21. Collector 22. Chief Executive Officer, Zila Panchayat 23. Director Panchayat 24. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 25. (1) For the Member of Gram Panchayat & Sarpanch & Up Sarpanch (2) For the Member & President & Vice President of Janpad Panchayat (3) For President, Vice- President & ^4embe^ ofZila Panchayat 26. (1) For Gram Panchayat (2) For Janpad Panchayat - District Joint Director/Dy. Director, Panchayat and Social Welfare -Collector/Additional Collector -Collector -Sub-Divisional Offlcer (Revenue) -Collector/Additiona! Collector -Collector -Sub-Divisiona! Officer (Revenue) -Collector/Additional Collector 30(1) 30(3)(one), 30(5) 32(1) 32(2)(1) 33 33(A) 34(1) 35(2) 37(2) 39(1) 40(1) -10- ..y ^ (3) For Zila Panchayat 27. Collector/Additional Collector 28. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Pnchayat 29 (1) ForJanpad Panchayat (2) For Zila Panchayat 30. Sub-Divisiona! Officer (Revenue) 31. Sub-Divisionat Officer (Revenue) 32. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 33. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 34. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 35. District Josnt Director/Dy. Director Panchayat & social Welfare 36. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 37. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 38. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat -Director, Panchayat -Sub-Divisional Officer (Revenue) Cotlector/Additional Collector -Collector/Additional Collector -Collector/Additional Collector -Collector -Sub-Divisionai OfRcer (Revenue) -Collector/Additional Collector -Collector -Collector/Additional Collector -Collector/Additional Collector -Collector -Sub Divisional Officer (Revenue) -Collector/Additional Collector -Collector -Distt. Joint Director/Dy. Director Panchayat & Social Welfare -Cotlector/Additlonal Collector -Collector -Cotlector/Additional Collector Collector State Government -Distt. Joint Directory/ Dy. Director Panchayat & Sociai Welfare -Distt. Joint Director/Dy. Director Panchayat & Social We!fare - Director, Panchayat 41 45 47(2) 55(4) 59 61 65 68 69(1) 69(4) 70(1) 73(2)(3) -n- 39. (1) For Gram Panchayat (2) For Janpad Panchayat 40. (1) For Gram Panchayat (2) For Janpad Panchayat (3) ForZila Panchayat 41. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 42. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 43. Collector/Additional Collector 44. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 45. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat 46. (1) For Gram Panchayat (2) For Janpad Panchayat (3) For Zila Panchayat -Sub-Divisional OfRcer -Collector/Additional Collector -Sub-Divisional Officer (Revenue) -Collector -Director, Panchayat Coltector/Additional Collector Collector Director, Panchayat Director, Panchayat Director, Panchayat Director, Panchayat Sub Divisiona! Officer (Revenue) Collector/Additional Collector Collector Distt. Joint Director/Dy.Director Panchayat & Social Welfare Cotlector Director, Panchayat Distt. Joint Director/Dy. Director, Panchayat & Social Welfare Collector -Director, Panchayat 79 85(1) 86(1X2) 87(1) & (3)(b) 89(1) 92(1), (2) & (3) 96(3) 100" <6) The relevant entry for our purpose is the Entry (15). The language employed in the above notification issued by the Govt. of Chhattisgarh is plain, clear, precise and unambiguous and does not have more than one meaning as to who should be the Prescribed Authority for the purpose of exercising various powere under various Sections of the Adhiniyam. The power under sub-Section (2) of Section 28, as per the table appended to the said notification, could be exercised only by the Cotlector. However, it is Uie contention of the learned Govemment Advocate that in Section 16 of the Chhattisgarh Land Revenue Code, 1959, the word 'Collector' is defined, and as per -^-Q^ -1-2.- that definition the word 'Collector' includes Additional Collector and therefore, the 3 respondenfs authority to convene the meeting to consider the 'no confidence motion' coukl not be questioned. In support of his submission, learned Government Advocate sought to place reliance on a judgment of a learned Single Judge of Madhya Pradesh High Court in the case of Kaushal Prasad Kashyap Vs. State of M.P. and others . (7) Having heard learned counsel for the parties, 1 find substance in the contention of the learned counsel for the petitioner and no merit in the submission of the learned Government Advocate. The Adhiniyam does not define the word 'Collector'. Therefore, in normal course and in the absence of Notification No. 705/P/22/2003 dated 13th May, 2003, 1 could have foliowed the definition of the word 'Collector' as defined under Section 16 of the Land Revenue Code. But, such a course is impermissible because ofthe Notification dated 13-05-2003 issued by the Government of Chhattisgarh in exercise of power conferred on it by clause (xxi) of Section 2 read with sub-section (3) of Section 93 of the Adhiniyam referred to above. (8) It is well settled that while interpreting a provision of law, whether it is statutory provision or of a delegate legislation, the Court should interpret such provision in such a way as to give content and meaning to each and every word used therein, and it cannot be interpreted in a way as to render any word or expression as otiose, redundant or surplussage. A careful perusal of the Table appended to 1. 1999 (1) M.P.L.J. 455. -13- 0 the Governmentorder dated 13 May 2003 would clearly show that Uie rule-making authority (the Govemment) wherever it wanted to confer powers under various Sections concurrently on Collector as well as Additional Collector, it has done so, whereas, if it wanted to confer certain powers exclusively on Collector and other named officers of the State, it has directed accordingly. For example, the power to be exercised under Sections 23 (1), 28(2), 31, 33'A" and certain other Sections has been conferred exclusively on Collector, whereas the power to be exercised under Sections 25(2), 33, 32(1) amongst several other Sections has been conferred concurrently on Collector as well as Additional Collector. This has been consciously and deliberately done by the Government. If the Govemment wanted the word 'Collector' to mean Additional Collector also, there was absolutely no necessity to mention theword 'Additional Collector' in Entries 12,17,18, 20, 24(2), 25(2), 26(2), 27, 28(2), 29(1), 32(2), 33(1) and (2), 34(2), 36(2), 37(1), 39(2), 41(1) and 44(2), because, in that case 'Collector' would also mean 'Additional Collector'. Therefore, the power under Section 28(2) ought to have been exercised only by the Collector and not bythe Additional Collector. (9) The judgment of the Madhya Pradesh High Court cited by the tearned Government Advocate is of no help to support his submission for more than one reason. That was a case where the Court was called upon to decide the question whether the Additional Collector could not have exercised the power under Section 39 (2) of Adhiniyam. The Tabte appended to the Notification No. 705/P/22/2003 dated 13th May, 2003, does not prescribe any Authority to exeroise the power <'.. ^ -1-4- under Section 39(2). In.that view of the matter, perhaps the view taken by the Madhya Pradesh High Court might be one plausible view. I, however, hasten to state that 1 should not be taken to have a concurred with the view taken by the leamed Single Judge of the High Court of Madhya Pradesh in the above case. 1 leave that question open to be decided by this Court in an appropriate case. Secondly, that judgment of Madhya Pradesh High Court does not deal with a Notification of the kind similar to the one issued by the Government of Chhattisgarh dated 13 May 2003. Looking from that angle also, the ratio of that judgment could not be applied to the facts of this case. Thus, looking from any angle, it is clear that the Collector alone ought to have exercised the power undsr Section 28(2) of the Adhiniyam and not the Additional Collector. The jnitiative taken by the 3' respondent Additional Collector is, therefore, liable to be condemned as the one without authority of law and in violation of the mandatory provisions of Section 28(2) of the Adhiniyam read with Notification No. 705/P/22/2003 dated 13th May, 2003 issued by the Government of Chhattisgarh. In the result, 1 allow the writ petition and quash the impugned proceedings. No costs. Sd/- Chief Justice Kiffwlt,