1. Rule. Rule made returnable forthwith and heard finally with the consent of learned Counsel appearing for the parties.

2. As per order passed in L.P.A.No. 215 of 2012, I heard the submissions of both the sides on merits of the case. The question that is required to be decided is whether the petitioner failed to hold six mandatory Gram Sabha meetings in one financial year i.e. financial year 2010-2011. Admittedly, Gram Sabha meetings were held in that financial year on six occasions. Admittedly, there is gap of more than four months between first Gram Sabha meeting and second Gram Sabha meeting. There is further admitted position that prior to these Gram Sabha meetings, meetings of women were not held. The complainant is trying to take advantage of these two lapses on the part of the petitioner. He asserted that because of these two lapses, the petitioner incurred disqualification as per section 7 of the Village Panchayats Act. Learned Additional Collector also accepted this contention and held so.

3. In order to understand implications of section 7 of the Village Panchayats Act, one must read this section carefully. Said section 7 reads as under:-

“7. Meetings of Gram Sabha:-

(1) There shall be held at least six meetings of the Gram Sabha every financial year on such date, at such time and place, and in such manner, as may be prescribed and if the Sarpanch or in his absence the Upa-Sarpanch fails without sufficient cause to hold any of such four meetings, he shall be disqualified for continuing as Sarpanch, or as the case may be, Upa-Sarpanch or for being chosen as such for the remainder of the term of office of the members of the Panchayat; and the Secretary of the Panchayat shall also if, prima facie, found responsible of any lapse in convening such meeting, be liable to be suspended, and for being proceeded against, for such other disciplinary action as provided under the relevant rules. The decision of the Collector on the question whether or not there was such sufficient cause shall be final:

Provided that, the Sarpanch may at any time of his own motion, and, shall on requisition of the Standing Committee, Panchayat Samiti, or Chief Executive Officer, call a meeting of the Gram Sabha within the period specified in the requisition; and; on failure to do so, the Chief Executive Officer shall require the Block Development Officer to call the meeting within fifteen days from the date he is so required to do. The meeting shall, notwithstanding the provisions of sub-section (3), be presided over by him or any officer authorized by the Block Development Officer, in that behalf.

Provided further that, a period of not more than three months shall be allowed to elapse between the two meetings of the Gram Sabha:

Provided also that, if the Sarpanch or Upa-Sarpanch, as the case may be, fails to call any such meeting within the specified period, the Secretary shall call the meeting and it shall be presumed that such meeting has been called with the concurrence of the Sarpanch or, as the case may be, Upa Sarpanch;

(2) Any officer authorised in this behalf by the Standing Committee, Panchayat Samiti or Chief Executive Officer by general or special order shall have the right to speak in, and otherwise to take part in the proceedings of a meeting of the Gram Sabha, but shall not be entitled to vote.

(3) Unless otherwise provided in this Act, the first meeting of the Gram Sabha after each general election to a Panchayat and thereafter the first meeting of every year, shall be presided over by the Sarpanch and in his absence by the Upa-Sarpanch; and all other subsequent meetings of the year of the Gram Sabha, shall be presided over by a person elected by the persons present in that meeting of the Gram Sabha.

(4) If any dispute arises as to whether a person is entitled to attend a meeting of Gram Sabha, such dispute shall be decided by the person presiding, regard being had to the entry in the list of voters for a whole village or w