IMPORTANT POINT
The main legal point established is that the word 'shall' in a rule may not be mandatory but directory, and the affected party must demonstrate prejudice caused by not following the rule.

ORDER :

1. The petitioner has filed this writ petition seeking following reliefs:-

“10.1 That, the Hon’ble Court may kindly be pleased to call for the entire record pertinent to case of petitioners.

10.2 That, this Hon’ble Court may be pleased to issue appropriate writ/direction for respondent authorities to set-aside the notice dated 12.06.2024.

10.3 Any other relief which this Hon’ble Court may deem fit and proper also kindly be granted to the petitioner, in the interest of justice.”

2. This writ petiton is filed raising grievance against the issuance of notice by the prescribed authority fixing the date, time and place for holding meeting of the No Confidence Motion against the Petitioner No. 1 (Sarpanch).

3. Learned counsel for the petitioner submits that the petitioner is an elected Sarpanch of Village Panchayat Pandadah, Janpad Panchayat Khairagarh. The elected Panchas of the Village Panchayat Pandadah submitted an application/notice before the prescribed authority on 03.06.2024. Pursuant to the notice received, prescribed authority has fixed date, time and place of the meeting on 21.06.2024 on 11:00 A.M at Village Panchayat Pandadah. He submits that the fixing of the date of meeting on 21.06.2024 is beyond 15 days of the notice submitted by the elected Panchas and therefore, it is in violation of Rule 3 (3) of the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Viruddh Avishwas Prastav) Niyam, 1994 (hereinafter for brevity referred to as “ The Rules, 1994”) and therefore, the notice is vitiated.

4. Learned counsel for the petitioner further contended that an identical issue came up for consideration before this Court in the case of Smt. Kumari Diwakar Vs. State of Chhattisgarh & 17 Ors. in WPC No. 3032/2022 in which, this Court has held that the meeting fixed for holding the No Confidence Motion beyond 15 days of the date of notice to be in contravention of the provision under Rule 3 (3) of the Rules, 1994. He also pointed out that the case traveled up to the Division Bench of this Court and the order passed in the writ petition was not interferred with. The case of the petitioner is covered with the aforementioned orders passed by this Court.

5. On the other hand, learned counsel for the Respondent/State opposes this submission and would submit that the petitioner has not specifically pleased as to what prejudice is caused, if the meeting is fixed beyond 15 days from the date of submission of the application/notice by the elected Panchas for bringing No Confidence Motion against the Petitioner No. 1 (Sarpanch).

6. I have heard learned counsel for the parties and also perused the documents placed on record.

7. Perusal of the application dated 03.06.2024 (Annexure P/2) would show that it is a notice/application submitted by the 18 elected Panchas of Village Panchayat Pandadah before the prescribed authority i.e. the Respondent No. 3 for bringing No Confidence Motion against the Petitioner No. 1 (Sarpanch) for the reasons mentioned therein. The notice dated 03.06.2024 was issued/dispatched by the Respondent No. 3 mentioning and fixing the date, time and place for holding the No Confidence Motion on 12.06.2024. The date fixed for holding the meeting is on 21.06.2024.

8. To appreciate the submission of the counsel for the petitioner, I find it appropriate to extract the relevant provisions under Rule 3 (3) of the Rules, 1994 which reads as under:

3 (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, Janpad 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 th