The main legal point established in the judgment is the interpretation of 'from' in computing time under section 35(2) of the Bombay Village Panchayats Act, 1958, and the application of section 11 of the Bombay General Clauses Act, 1904.

ORAL JUDGMENT :- How to count the period of seven days limitation under section 35(2) of the Bombay Village Panchayats Act, 1958, (hereinafter called as "the said Act") is the point for consideration which arises in the present petition.

2. Heard the learned advocates for the parties and perused the record. Rule, By consent, the rule is made returnable forthwith.

3. The petitioner challenges the orders passed by the authorities below rejecting the petitions against the no confidence motion passed against the petitioner in a meeting stated to have been held on 27-3-2001. The ground of challenge to the resolution is that though the notice requiring the Tahsildar to convene the meeting to consider the no confidence motion against the petitioner was received from the Panchayat members by the Tahsildar on 19-3-2001 and the notice thereof convening the meeting was issued immediately, the meeting was actually held on 27-3-2001 and. therefore, it was held beyond the period of 7 days in contravention of the provisions of law contained in section 35 of the said Act and hence the proceedings are bad in law. Reliance is sought to be placed on the unreported decision of this Court in Writ Petition No. 575 of 2001, in the matter of Mandabai Balnath Rohom and others vs. Ashok Fakira Chandar and others, delivered on 13-6-2001 (since reported in 2002(1) Mh.L.J. 916) in support of the contention that the meeting has to be held within seven days from the date of receipt of the notice by the Tahsildar. On the contrary, referring to section 11 of the Bombay General Clauses Act. 1940, the learned Assistant Government Pleader has submitted that the proceedings, when are required to be taken on a particular day, in accordance with the said Act and Rules made thereunder, if that day happens to be a holiday, the proceedings can certainly be taken on the next day and applying the said provisions of section 11 of the Bombay General Clauses Act, 1904, no fault can be found with the resolution, which has been passed in the meeting duly convened by the Tahsildar, on 27th March, instead of 26th March which was a holiday being Gudi Padwa day. Undisputedly the notice was received by the Tahsildar on 19-3-2001. The meeting to consider the motion was held on 27-3-2001. It is also an undisputed fact that 26-3-2001 was a holiday being a "Gudi Padwa" day.

4. Section 35(1) of the said Act provides that a motion of no confidence may be moved by not less than one-third of the total number of the members who are for the time being entitled to sit and vote at any meeting of the Panchayat against the Sarpanch or the Upa-Sarpanch after giving such notice thereof to the Tahsildar as may be prescribed. Such notice once given shall not be withdrawn. Sub-section (2) thereof provides that within seven days from the date of receipt by him of the notice under sub-section (1), the Tahsildar shall convene a special meeting of the Panchayat for considering the motion of no confidence at the office of the Panchayat at a time to be appointed by him and he shall preside over such meeting. There is no doubt that in terms of the provisions contained in section 35 of the Bombay Village Panchayats Act, 1958 and the Rules made thereunder in relation to the procedure for consideration of the no confidence motion, the meeting for the same should be held by the Tahsildar within a period of seven days from the receipt of notice from the members disclosing the intention of the members to move the no confidence motion against the Sarpanch. In that regard, the decision in Mandabai Balnath Rohoms case is very clear. In Mandabai Balnath Rohoms case, it has been clearly held that section 35(2) of the said Act requires that the Tahsildar shall not only issue the notice convening the meeting within seven days but also shall convene the meeting itself within seven days to deal with the matter pertaining to the no confidence motion from the. day of receipt of notice by him under section 35(1) of the sai

Click Here to Read the rest of this document