- (1.) Learned counsel for the petitioner states that as per Section 19 of the Punjab Panchayati Raj Act (hereinafter referred to as 'the Act'), seven days' clear notice is required to be served to convene the meeting to discuss 'No Confidence Motion'; if notice is not clear seven days' notice then any meeting held pursuant to the invalid notice would be nullity and shall stand vitiated; he contends that in the present case notice dated 11.10.2010 was served on 15.10.2010 to convene meeting for 20.10.2010 and in the meeting dated 20.10.2010, 'No Confidence Motion' was passed against the petitioner, while as per judgment of this Court dated 15.11.2010 in CWP No.17943 of 2010, Mohinder Khan Vs. Director, Rural Development and Panchayats, Punjab and others, date of notice and date of meeting must be excluded while counting seven days.
(2.) Learned Deputy Advocate General, Punjab, has fairly stated that notice in question is not clear seven days' notice, therefore, meeting held pursuant to the notice in question is nullity in view of the dictum of this Court in the matter of Mohinder Khan Vs. Director, Rural Development and Panchayats, Punjab and others, CWP No.17943 of 2010 decided on 15.11.2010. Learned Deputy Advocate General, Punjab, has fairly stated that let impugned resolution and notice be quashed and respondents shall issue fresh notice strictly in accordance with Section 19 of the Act and shall convene fresh meeting after expiry of seven days.
(3.) Learned counsel for the petitioner has vehemently argued that after amendment of Section 19 of the Act by Punjab Panchayati Raj (Amendment) Act, 2011 now no meeting can be convened to discuss 'No Confidence Motion'. He has further contended that no meeting can be convened for next two years from the date of 'No Confidence Motion' dated 20.10.2010 even if it is held that if application to call meeting to discuss 'No Confidence Motion' was moved prior to amendment of Section 19, therefore, meeting can be convened as per Section 19 of the Act prior to its amendment.;