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Gurmail Kaur and Another vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 15 November 2010 · Citation: (2011) 1 RCR(Civil) 308

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
General Clauses Act, 1897 — Section 9 · Punjab Panchayati Raj Act, 1994 — Section 19(2)
RESULT
Allowed
CASE NUMBER
C.W.P. No. 17617 of 2010
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Judgment

4 paragraphs · 225 words

Alok Singh, J.—The very short question is involved in the present petition as to whether first day and last day of the notice u/s 19(2) of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the Act), is to be excluded as per Section 9 of General Clauses Act for counting seven days clear notice.

2.

Division Bench of this Court in the matter of Mohinder Singh v. State of Punjab and others, reported in 2006 (1) P.L.R. 290, has held that in view of Section 9 of General Clauses Act, while counting the period of notice u/s 19(2) of the Punjab Panchayati Raj Act, first day of the notice and last day of the notice have to be excluded.

3.

In the present case, notice to convene the meeting was issued on 15.09.2010 for 22.09.2010. As per the dictum of the Division Bench of this Court in the matter of Mohinder Singh (supra), 15.09.2010 and 22.09.2010 have to be excluded. After excluding 15.09.2010 and 22.09.2010, notice is short of the period required u/s 19(2) of the Act.

4.

In view of this, resolution passed pursuant to the notice is vitiated. Petition is allowed. Notice dated 15.09.2010, as well as, resolution dated 22.09.2010 are hereby quashed. However, it is observed that Respondents shall be at liberty to issue fresh notice in accordance with law.