The notice period of seven clear days under section 16 of the West Bengal Panchayat Act, 1973, is directory and not mandatory. A shorter notice period does not invalidate the meeting unless it prejudices the petitioner or materially affects the outcome of the meeting.

The limited question involved in this writ petition is whether a meeting held on 21st February 1991 of the Rajendrapur Gram Panchayet by which the petitioner had been removed from the office of the Pradhan had been properly held. The only ground on which the petitioner has assailed the meeting is that it had been called in violation of the provisions of s. 16 of the West, Bengal Panchayet Act, 1973 (referred to as the Act).

2. Section 16 of the Act in so far as it is relevant provides :––

“(1) Every Gram Panchayat shall hold a meeting at least once in a month in the office of the Gram Panchayat. Such meeting shall be held on such date and at such hour as the Gram Panchayat may fix at the immediately preceding meeting :

Provided that the first meeting of a newly constituted Gram Panchayat shall be held on such date and at such hour and at such place within the local limits of the Gram concerned as the prescribed authority may fix :

Provided further that the Pradhan when required in writing by one third of the members of the Gram Panchayat subject to a minimum of three members to call a meeting shall do so fixing the date and, hour of the meeting within fifteen days after giving intimation to the prescribed authority and seven days notice to the members of the Gram Panchayat, failing which the members aforesaid may call a meeting after giving intimation to the prescribed authority and seven clear days notice to the Pradhan and other members of the Gram Panchayat. Such meeting shall be held in the office of the Gram Panchayat on such date and at such hour as the members calling the meeting may decide.

The prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing duly signed by him within a week of the meeting on the proceedings of the meeting. The prescribed authority shall, on receipt of the report, take action thereon as it may deemed fit.”

3. According to the petitioner, on 3rd December, 1990 a notice was issued to the petitioner by the respondents 7-19 who are all members of the Gram Panchayat to call a meeting for taking a decision for removal of the petitioner from the office of the Pradhan. The petitioner did not call the meeting. In view of the petitioner's failure a second notice was issued by the respondents 7-19 requisitioning a meeting for 21st February, 1991 for discussion on the item “PRADHANER BIRUDHAY APASARANER PRASTAB ALOCHANA EBONGSIDHY ANTA GRAHAN” which being roughly translated means discussion and decision on the removal of the Pradhan. According to the petitioner he was served with the copy of the notice on 21st February, 1991. According to the respondents he was served with a copy of the notice on 14th February, 1991. The petitioner has relied upon an endorsement on the copy of the notice of the Chowkidar who is said to have served the notice on him. The respondents have relied upon the affidavit of the Chowkidar to the effect that the endorsement was not his and that he bad effected service on the petitioner on 14th February, 1991.

4. On 21st February, 1991 the meeting was held. Thirteen members out of the 20 members of the Gram Panchayat passed a resolution to the effect that the petitioner should be removed from the office of the Pradhan. The Block Development Officer's representative was present as an observer at the meeting. On 25th February, 1991 the Block Development Officer being the Prescribed Authority under the Act directed the petitioner to hand over charge as Pradhan in respect of the cash, assets, documents, registers and seals which he may have in possession, custody or control to the Upa Pradhan of the Gram Panchayat on 4th March 1991.

5. On 4th March 1991 the petitioner moved this writ application challenging the resolution adopted at the meeting on 21st February 1991 as well as the order of the BDO dated 25th February, 1991. An interim order was passed on 19th March, 1991 to the effect that neither the Pradhan nor the Upa-