Ayodhya vs State of C.G. and Others

S.R. Nayak, C.J.—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.

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 rd Respondent herein. The 3rd Respondent taking cognizance of the said ''no confidence motion'' has convened the meeting of Janpad Panchayat on 24th April, 2006. Feeling aggrieved by the above action of the 3rd Respondent, this writ petition is filed.

It was contended by the learned Counsel for the Petitioner that the 3rd Respondent has no authority to convene the meeting, to consider the ''no confidence motion'' submitted by Respondent Nos. 6 to 25. It was submitted that under Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam"), only the Collector of the District has authority to convene the meeting. In support of the above contention, learned Counsel would draw my attention to Notification No. 705/P/22/2003 dated 13th May, 2003 (Annexure P/6), issued by the State Government in exercise of the power conferred by the Clause (xxi) of Section 2 read with Sub-section (3) of Section 93 of the Adhiniyam.

Section 28 of the Adhiniyam deals with ''no confidence motion'' against President or Vice President of Janpad Panchayat. Section 28 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 officer 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.

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 the Authority mentioned in column (2) of the table 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

S. No.

Office or Authority

Section

(1)

(2)

(3)

1.

Collector

13(4)(one) and (6)

2.

Collector

17(4)

3.

Tehsildar

17(5)

4.

Tehsildar

18(2)

5.

Tehsildar

18(3)

6.

Sub-Divisional Officer (Revenue)

19

7.

Secretary, Gram Panchayat

20(1)

8.

Sub-Divisional Officer (Revenue)

21(2)

9.

Collector

23(1)

10.

Sub-Divisional Officer (Revenue)

23(3)(one) and (5)

11.

Sub-Divisional Officer (Revenue)

25(1)

12.

Collector/Additional Collector

25(2)(two)

13.

Distt. Joint Director/Dy. Director Panchayat and Social Welfare

26

14.

Chief Executive Officer JanpadPanchayat

27(1)

15.

Collector

28(2)

16.

Collector

30(1)

17.

Collector/Additional Collector

30(3)(one), 30(5)

18.

Collector/Additional Collector

32(1)

19.

Director, Panchayat

32(2)(1)

20.

Collector/Additional Collector

33

21.

Collector

33(A)

22.

Chief Executive Officer, ZilaPanchayat

34(1)

23.

Director Panchayat

35(2)

24.

(1) For Gram Panchayat District Joint Director/Dy. Director Panchayat and Social Welfare

- District Joint Director/Dy. Director Panchayat and Social Welfare

(2) For JanpadPanchayat

- Collector/Additional Collector

(3) For ZilaPanchayat

- Collector

37(2)

25.

(1) For the Member of Gram Panchayat and Sarpanch and Up Sarpanch

- Sub-Divisional Officer (Revenue)

(2) For the Member and

- Collector/Additional

President and Vice President of JanpadPanchayat

Collector

39(1)

(3) For President, Vice

- Collector

President and Member of ZilaPanchayat

26.

(1) For Gram Panchayat

- Sub-Divisional Officer (Revenue)

(2) For JanpadPanchayat

- Collector/Additional Collector

(3) For ZilaPanchayat

- Director, Panchayat

40(1)

27.

Collector/Additional Collector

28.

(1) For Gram Panchayat

- Sub-Divisional Officer (Revenue)

41

(2) For JanpadPanchayat

- Collector/Additional Collector

(3) For ZilaPanchayat

- Collector/Additional Collector

45

29.

(1) For JanpadPanchayat

- Collector/Additional Collector

(2) For ZilaPanchayat

- Collector

47(2)

30.

Sub-Divisional Officer (Revenue)

55(4)

31.

Sub-Divisional Officer (Revenue)

59

32.

(1) For Gram Panchayat

- Sub-Divisional Officer (Revenue)

(2) For JanpadPanchayat

- Collector/Additional Collector

61

(3) For ZilaPanchayat

- Collector

33.

(1) For Gram Panchayat

- Col lector/Additional Collector

(2) For JanpadPanchayat

- Col lector/Additional Collector

65

(1)

(2)

(3)

(3) For ZilaPanchayat

- Collector

34.

(1) For Gram Panchayat

- Sub-Divisional Officer (Revenue)

(2) For JanpadPanchayat

- Collector/Additional Collector

68

(3) For ZilaPanchayat

- Collector

35.

District Joint Director/Dy. Director Panchayat and Social Welfare

69(1)

36.

(1) For Gram Panchayat

- Distt. Joint Director/ Dy. Director Panchayat and Social Welfare

69(4)

(2) For JanpadPanchayat

- Collector/Additional Collector

(3) For ZilaPanchayat

- Collector

37.

(1) For Gram Panchayat

- Collector/Additional Collector

(2) For JanpadPanchayat

- Collector

70(1)

(3) For ZilaPanchayat

- State Government

38.

(1) For Gram Panchayat

- Distt. Joint Directory/ Dy. Director Panchayat

and Social Welfare

(2) For JanpadPanchayat

- Distt. Joint Director/Dy. Director Panchayat and Social Welfare

73(2X3)

(3) For ZilaPanchayat

- Director, Panchayat

39.

(1) For Gram Panchayat

- Sub-Divisional Officer

(2) For JanpadPanchayat

- Collector/Additional Collector

79

40.

(1) For Gram Panchayat

- Sub-Divisional Officer (Revenue)

(2) For JanpadPanchayat

- Collector

85(1)

(3) For ZilaPanchayat

- Director, Panchayat

41.

(1) For Gram Panchayat

- Collector/Additional Collector

(2) For JanpadPanchayat

- Collector

86(1)(2)

(3) For ZilaPanchayat

- Director, Panchayat

42.

(1) For Gram Panchayat

- Director, Panchayat

87(1) and

(2) For JanpadPanchayat

- Director, Panchayat

(3)(b)

(3) For ZilaPanchayat

- Director, Panchayat

(1)

(2)

(3)

43.

Co Hector/Additional Collector

89(1)

44.

(1) For Gram Panchayat

- Sub-Divisional Officer (Revenue)

92(1), (2) and (3)

(2) For JanpadPanchayat

Collector/Additional Collector

-

(3) For Gram Panchayat

- Collector

45.

(1) For Gram Panchayat

- Distt. Joint Director/Dy. Director Panchayat and Social Welfare

(2) For JanpadPanchayat

- Collector

96(3)

(3) For ZilaPanchayat

- Director, Panchayat

46.

For Gram Panchayat

- Distt. Joint Director/Dy. Director Panchayat and Social Welfare

(2) For JanpadPanchayat

- Collector

100

(3) For ZilaPanchayat

- Director, Panchayat

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 powers 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 Collector. However, it is the contention of the learned Government Advocate that in Section 16 of the Chhattisgarh Land Revenue Code, 1959, the word ''Collector'' is defined, and as per that definition the word ''Collector'' includes Additional Collector and therefore, the 3rd Respondent''s authority to convene the meeting to consider the ''no confidence motion'' could 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, .

Having heard learned Counsel for the parties, I 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. I could have followed the definition of the word ''Collector'' as defined u/s 16 of the Land Revenue Code. But, such a course is impermissible because of the 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.

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 the Government order dated 13th May 2003 would clearly show that the rule-making authority (the Government) 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 Government wanted the word ''Collector'' to mean Additional Collector also, there was absolutely no necessity to mention the word ''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 u/s 28(2) ought to have been exercised only by the Collector and not by the Additional Collector.

The judgment of the Madhya Pradesh High Court cited by the learned 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 u/s 39(2) of Adhiniyam. The Table appended to the Notification No. 705/P/22/2003 dated 13th May, 2003, does not prescribe any Authority to exercise the power u/s 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 I should not be taken to have a concurred with the view taken by the learned Single Judge of the High Court of Madhya Pradesh in the above case. I 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 13th 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 u/s 28(2) of the Adhiniyam and not the Additional Collector. The initiative taken by the 3rd 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, I allow the writ petition and quash the impugned proceedings. No costs.