...Panchayat Raj Act, 1993 (hereinafter referred to as the Act) seven clear days notice of a special meeting to consider the motion of no confidence is required to be given and in the present...case undisputedly the notice was given on 20-6-2003 fixing 26-6-2003 as the date of special meeting, which does not fulfill the requirement of seven clear days notice. Mr. Singh however submits that a...construed with Section 44(4) of the Act, the impugned notice cannot be held to be bad as it had not given seven clear days notice of the special meeting. He highlights that Section 44(3) of the Act mandates...

...does not conform to the requirement of seven days clear notice as provided under section 44(4) of the Bihar Panchayat Raj Act. He points out that notice was sent on 1.1.2003...whereas the date of the meeting fixed was 7.1.2003 and thus, notice did not give seven clear days for holding the special meeting. In support of his submission, he has placed reliance on a judgment of...following passage of para-8 of the said judgment which reads as follows:“8. xxx Here the Legislature itself has used the expression ‘seven clear days notice’. In case I hold that one of...

...Gram Sabha. Learned counsel further submitted that as per this Section, Seven clear days' notice is required to be given to the Sarpanch for convening the meeting of Gram Sabha and in the present case..., notice was given on 25.8.2005 for 1.9.2005 and, thus seven clear days' notice as envisaged under the statute had not been given. He placed reliance on the judgment of the hon'ble Supreme Court in...members would make more than ⅔rd of the total number as ⅔rd would come to 126. It was further submitted that vide notice dated 25.8.2005, the petitioner was given seven clear days' notice of meeting to...

...later than thirty-five days from the date on which the notice under sub-section (2) was delivered to him. He shall send by registered post not less than seven clear days before the data of the meeting, a...before us and we shall mention them now. The first contention is that the notice which was sent out by the District Magistrate by registered post did not allow seven clear days before the date of the...date of the meeting and says that seven days did not intervene. In our judgment this is an erroneous reading of the sub-section. The sub-section says that the District Magistrate shall send the notice not less than seven ...

...Court, Page-214 and observed that “seven clear days” as contained in Section 16 should be counted from the date of issue and not from the date of receipt. His Lordship dismissed the writ petition being...).Mr. Sumitra Dasgupta, learned counsel appearing for the State respondents being respondent nos. 1, 2 and 3 contended that the Section 16 stipulated that seven clear days notice should be given...stipulated notice of seven clear days, notice shorter than seven clear days would not be permissible in law. In support of his contention Mr. Mukherjee relied on the Apex Court decision in the cas...

...passed against the petitioner but as the writ application is to succeed on a very short point, I deem it inexpedient either to incorporate or answer the same. Mr. Singh contends that seven clear days notice...question which falls for determination is as to how the period of seven clear days notice is to be calculated. It is well settled that when a statute provides for stated period of notice to be given, this...requirement must be met, otherwise the meeting will be invalid. In the present case, section 44(4) of the Act had in no uncertain term provided for seven clear days notice which would obviously mean...

...impugned notice having been served on him only on January 8, 2007, when the meeting was fixed for January 12, 2007, the authority was not competent to act on it, since at least seven clear days' notice...the petitioner at least seven days before January 12, 2007.13. In response counsel for the respondents submit that the period of seven days mentioned in Rule 6 was not mandatory, and that even if th...the impugned notice issued under the West Bengal Panchayat (Constitution) Rules, 1975. His further argument is that by not getting seven clear days' notice, the petitioner...

...dated 3.10.2002 fixing 10.10.2002 as the date for holding the special meeting to consider the motion of no confidence against the petitioner does not conform to the requirement of seven clear days notice...appearing on behalf of respondent no. 6, however, contend that the notice conforms to the requirement of seven clear days notice and the submission made on behalf of the petitioner is misconceived...as to how the period of seven clear days notice is to be calculated. It is well settled that when a statute provides for stated period of notice to be given, this requirement must be met, otherwise the...

...notice dated 04.02.2021. Thus, no proceedings had taken place on 10.02.2021. Learned counsel for the petitioner had contended that there is no seven clear days notice as required under Section 52(3) of the...Karnataka Gram Swaraj and Panchayat Raj Act, 1993 as the same contemplates seven clear days notice for an ordinary meeting and three clear days notice for a Special meeting. 4...said interim order it was also made clear that there would be no impediment for Designated Office from issuing fresh meeting notice in accordance with law. As the impugned notice has spent itself, it...

...clear days' notice of a special meeting has to be given. In the present case seven clear days notice of the special meeting has not been given and thus the notice is vitiated on account of infraction of...of seven clear days notice is to be calculated. It is well settled that when a statute provides for stated period of notice to be given, this requirement must be met, otherwise the meeting will be...invalid. In the present case. Section 44(4) of the Act had in no uncertain term provided for seven clear days' notice which would obviously mean that the notice shall be exclusive of the day on which it...

...energy or any sum, other than a charge for energy, due from him to a licensee in respect of the supply of energy to him, the licensee may, after giving not less than seven clear days' notice in writing to...reconnecting the supply, are paid, but no longer.”5. It would, thus, be clear that the right to recover the charges is one part of it and right to discontinue...

...Panchayat Raj Act (hereinafter referred to as the Act) seven clear days' notice was not issued, therefore, conduction and convening of the meeting was bad and any resolution taken in that...respondent No. 6 in C.W.J.C No. 8037 of 2003 has submitted that though sub-section (4) of Section 44 of the Act says about seven clear days notice but either the date of issuance of notice or the...date of the meeting are to be excluded and if that is done then excluding 19-7-2003, if the meeting is held on 26-7-2003 after seven days, it would be valid and if the date of meeting is excluded, then issuance of notice on 19-7-200...

...period pres­cribed by rule 4 was rejected. 6. Lastly it was contended that the meeting held on 22nd July 1967 was invalid inasmuch as seven clear days' notice of the meeting was not...Singh, 1907 MPLJ 941 that the provision about seven clear days' notice for an ordinary meeting of the Council is a mandatory one and that in the computation of that period both the...held, seven clear days' notice was not given. Under section 53 (3) a notice of an ordinary meeting has to be despatched to every Councillor and exhibited at the munici­pal office seven clear days ...

...the Panchayat concerned notice of not less than seven clear days of any meeting held under this section and the time appointed therefore. Notice regarding this shall be affixed in the office of the...outer limit for convening the meeting. The case of the petitioner is that the seven clear days contemplated under sub-s. (4) should be between the date of receipt of the notice and the date of convening...submits that there is only five clear days between the date of receipt of the notice and the date of meeting. Therefore, according to him, the meeting is convened in violation of S...

...Section 44(4) of the Bihar Panchayat Raj Act (hereinafter referred to as the Act). He submits that Section 44(4) of the Act contemplates seven clear days notice for holding the...take such action as may be necessary to convene the meeting.”“4. Ten clear day's notice of an ordinary meeting and seven clear days' notice of a special meeting specifying the time at...notice of the meeting conforms to the requirement of seven clear days notice. The members, who had given the requisition to call a special meeting shall not have to wait for fifteen days from the...

...as the notice was not served on him seven clear days before the meeting. Rule 3(1) of the Rajasthan Municipalities (Appointment of Members/Councillors by Co-option) Order...members after giving them a notice in writing of not less than seven clear days for the co-option of members specified in sub-sec. (5) of sec. 9.”The expression “clear days” is defined...great inconvenience would be caused by treating it to be mandatory. For if it is so treated, some of the members may deliberately evade service of notice till such time that a period of seven clear days no...

...section 21(4) of the M.P Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. In the dispute it was submitted, Notice was not despatched before seven clear days of the meeting. As such the order of...7 days. The period of 7 days is prescribed under Rule 3 for despatch of notice not for the service, therefore, the findings of the Collector that notice was not of seven clear days is bad in law...not despatched seven clear days before meeting.4. Shri Pradeep Naveriya, learned counsel for the petitioner, has submitted that the order passed by the Collector is illegal. He has...

..., 2016.5. The learned Advocate for the petitioner submits that seven clear days' from the time of issuance of this corrected notice was not available before the holding of the meeting and...compliance of the requirements of the Act.8. As regards the issue regarding seven clear days' notice when the notice dated 22 February, 2016 was received and everybody knew that the notice...convening the meeting had to be sent out leaving seven clear days before the meeting, any reasonable person would have read the date of the meeting, 29 January, 2016 as 29 February, 2016. More so because...

...decided on October 12, 2010 we have held as follows:-“In fact, the learned Single Judge has meticulously followed the mandate of Section 19 of the Act by giving seven clear days' notice.... The proviso clearly states that the motion must be lost before a bar of two years comes into play. In fact, the motion was carried, but the decision was set aside on the ground of seven clear days' notice...was not given. Nevertheless, a direction was given to hold fresh meeting after seven clear days' notice.In our view, the motion which though carried without seven clear days' notice...

...of the Legislature was to compel the strict observance of the particular rule and therefore it was mandatory on the part of the Commissioner to have issued the notice seven clear days prior to the...not less than seven clear days prior to he date of the meeting. As the stipulation is seven clear days prior to the date of meeting, if we start calculating the days from 12.4.2002 i.e th...given the giving is not complete.”Thus, in the present case the service having been done on 12.4.2002, the period would start to run from 12.4.2002 only and the seven clear days would be...