Non-compliance of a mandatory provision does not automatically invalidate an action unless it is shown to have caused serious prejudice or failure of justice.

Shri Sunil Kumar Sinha, J. :

1. Challenge in this appeal is to the order dated 2nd of April, 2008 passed by the learned Single Judge of this Court in W.P.(C).No.34/2008, whereby the writ petition filed by respondents 13 to 17 was allowed and the resolution of no confidence motion was held to have been passed by the Gram Panchayat against the appellant, who was holding the post of Sarpanch.

2. The back -ground facts in a nutshell are as follows:

The appellant was the elected Sarpanch of Gram Panchayat, Bhawanipur. Out of 16 members constituting the Gram Panchayat, 12 members submitted a notice of no-confidence motion against the appellant before the prescribed authority Le., the Sub-Divisional Officer, Baloda Bazar on 06.8.2007. The prescribed authority, after being satisfied, directed to convene a meeting of the members of the Gram Panchayat and fixed the date of27.8.2007 to consider the said motion. Naib Tahsildar, Palari, was appointed as Presiding Officer for the above meeting to consider the no-confidence motion against the appellant. The meeting was convened on 27.8.2007 in which all the 16 members of Gram Panchayat, including the appellant Sarpanch, participated and the said motion of no confidence was carried out with the ratio/majority of 12 : 4. Being aggrieved with the aforesaid motion carried out against the appellant, she made a reference u/s 21 (4) of the M.P (C.G) Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Act') to Addl. Collector, who heard the reference and set aside the motion on the ground that Rule 3(3) of The Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice President Ke Virudh Avish was Prastav) Niyam, 1994 (hereinafter referred to as the' Rules 1994') was not complied as the meeting was convened beyond the period of 15 days of the submission of the notice of the no confidence motion, therefore, passing of the no-confidence motion, against the appellant, in such meeting was bad in law.

3. The order passed in the reference on 14.12.2007 was challenged by the 5 members of the Gram Panchayat (Petitioners) in W.P(C).No.34/2008, which was allowed by the impugned order dated 02.04.2008, against which the appellant has preferred this appeal.

4. The learned single Judge has held that since no prejudice was caused to the appellant because of non-compliance of Sub-Rule (3) of Rule 3 of the Rules, 1994, the impugned order passed by the upper Collector setting aside the resolution of no-confidence motion against the appellant cannot be sustained.

5. Ms. Sunita Jain, learned counsel appearing on behalf of the appellant, has argued that the provisions of Rule 3 (3) are mandatory, therefore, noncompliance of said provision vitiates the proceedings of the Gram Panchayat, in which, the motion of no-confidence was passed against the appellant.

6. On the other hand, learned counsel for the State as also the private respondents opposed these arguments and supported the order passed by the learned single Judge.

7. We have heard the learned counsel for the parties at length and have also perused the records of the writ appeal as also the writ petition.

8. Rule 3 (3) of the Rules, 1994 reads as under:

"3. Notice. –

(1) xxx xxx xxx

(2) xxx xxx xxx

(3) On receiving the notice under sub-rule (1) the prescribed authority shall satisfy himself about the admissibility of the notice with reference to Section 21(3),28(3) and 35(3), as the case may be. On being thus satisfied, he shall fix the date, time and place for the meeting of the Gram Panchayat, Janapad Panchayat or Zila Panchayat, as the case may be, which shall not be more than fifteen days from the date of receipt of the said notice. The notice of such meeting specifying the date, time and place thereof shall be caused to be dispatched by him through the Secretary of the Gram Panchayat or Chief Executive Officer of the Janpad or Zila Panchayat, as the case may be, to every mem