THAKKOR DUNGARJI VALJI v. T. V. KRISHNAMURTI — 1982 DIGILAW 62 (GUJ)

S. B. MAJMUDAR, J. ( 1 ) A short but an interesting question of law arises for consideration of this court in the present petition under Art. 227 of the Constitution of India. Though the petition is also styled as one falling under Art. 226 of the Constitution praying for a writ of certiorari as the impugned order which is sought to be got quashed by this court in the present proceedings is a revisional order passed by the first respondent Development Commissioner exercising his revisional jurisdiction under sec. 305 of the Gujarat Panchayats Act 1961 hereinafter referred to as the Act. It must therefore held that the present petition rightly invokes supervisory jurisdiction of this court under Art 227 of the Constitution of India. The short question which has been posed for my consideration is as to whether an associate member of a taluka panchayat is competent to move a resolution at the meeting of the panchayat for constitution of the executive committee of the said panchayat. ( 2 ) THE petitioner contend that an associate member has such a right. Contesting respondent No. 2 submits to the contrary and the contrary submission raised by respondent No. 2 is approved by a judicial order of respondent No. 1 revisional authority functioning under the Act. ( 3 ) IT is now time for me to refer to the crucial events that happened on 30-3-1981 on which day a meeting was held for conducting various businesses as per the provisions of the (Gujarat Taluka and District Panchayats (Procedure) Rules 1963 hereinafter referred to as the procedure Rules. Out of various items on the agenda of the meeting of respondent No 3 panchayat item No. 3 pertained to constitution of the executive committee and social justice committee of the said panchayat. At the said meeting it was decided to have 7 members on the executive committee and 8 members on the social justice committee. For election of members to the executive committee two proposals were moved. One was moved by Patel Joitabhai Keshatabhai a sitting M. L. A. from the said constituency and it was seconded by petitioner No. 2. That was the proposal which suggested names of 7 members who according to that proposal deserved to be included in the executive committee; while the rival proposal was moved by one Revashanker and was seconded by one Gagabhai Chauhan. That was the proposal which suggested names of 7 members who according to that proposal deserved to be included in the executive committee; while the rival proposal was moved by one Revashanker and was seconded by one Gagabhai Chauhan. By the said rival proposal 7 other names of members were suggested for the purpose of constituting executive committee. It is obvious that the proposal moved by Patel Joitabhai a sitting M. L. A. and as seconded by petitioner No. 2 included 7 names of members who were siding with them; while the rival proposal moved by Revashanker who had successful challenged petitioner No. 2s election as president of respondent No. 3 panchayat and who bad displaced him as president included names of 7 members who were followers in Revashankers camp. It appears that when these rival proposals were put to vote proposal moved by Joitabhai Patel the sitting M. L. A. and seconded by petitioner No. 2 obtained majority of votes from the members present at the meeting. The rival proposal put forward by Revashanker and seconded by Gagabhai Chauhan got lost. That is how the members whose names were included in the successful proposal became entitled to constitute the executive committee or respondent No. 3 panchayat. The said executive committee starting functioning from 1-4-1981. It appears that thereafter somewhere in September 1981 approximately on 17-9-1981 a revision application was moved under sec. 305 of the Act by respondent No. 2 herein before the Development Commissioner challenging the validity of the election of the executive committee and social justice committee as held in the meeting of 30-3-1981. In the present petition I am not concerned with the constitution of social justice committee and hence I will not refer to the same hereafter. So far as challenge to the election of the executive committee as put forward in the revision application on behalf of respondent No. 2 was concerned it was submitted before the Development Commissioner by respondent no. So far as challenge to the election of the executive committee as put forward in the revision application on behalf of respondent No. 2 was concerned it was submitted before the Development Commissioner by respondent no. 2 that the proposal which was moved in the meeting of 30-3-1981 by Patel Joitabhai a sitting M. L. A. was not a legal proposed at all as he was not an elected member of respondent No. 3 panchayat but be was merely an associate member of respondent No. 3 panchayat and consequently such an associate member who was not a full-fledged elected member was not competent to move the resolution in question. It was further submitted as a corollary that the said resolution was a still born-one. Hence even if it got seconded by a regularly elected member of respondent No. 3 panchayat it had no legal effect and consequently formation of the executive committee pursuant to such an invalid resolution was null and void and had no legal effect whatsoever. The Development Commissioner exercising his revisional jurisdiction after more than 5 1/2 months of formation of the executive committee took the view that associate member of respondent No. 3 taluka panchayat had no right to move the resolution in question and consequently all subsequent steps taken at the meeting of 30-3-1981 pursuant to such resolution were null and void and of no legal effect and consequently held the Development Commissioner constitution of the executive committee pursuant to such void resolution was of no legal effect It is the aforesaid decision of the revisional authority which has been brought in challenge in the present petition under Art. 227 of the Constitution of India by the petitioners who were elected as members of the executive committee as per the impugned resolution moved by Patel Joitabhai a sitting M. L. A. and an associate member of respondent No. 3 panchayat. The petitioner contend that the Development Commissioner was patently in error when he took the view that the proposal moved by an associate member for constitution of the executive committee was unauthorised or illegal in any manner. The petitioner contend that the Development Commissioner was patently in error when he took the view that the proposal moved by an associate member for constitution of the executive committee was unauthorised or illegal in any manner. ( 4 ) MISS K. M. Shah learned Advocate for the petitioners raised the following contentions in support of this petition: (1) The revisional authority was patently in error when it took the view that under the provisions of the Panchayat Act and the rules all associate member of the taluka panchayat had no right to move a resolution pertaining to business of the panchayat. It was contended by her that this conclusion is quite contrary to the statutory scheme descernible from the relevant provisions of the Act. (2) Respondent No. 2 ought to have filed an appeal against election of the executive committee as held in the meeting of 30-3-1981 under sec. 290 of the Act and he could not have straight away filed the revision application directly under sec. 305 before the Development Commissioner and the Development Commissioner ought to have dismissed the revision application also on this ground. (3) The Development Commissioner acting as a revisional authority ought not to have interfered in revision with the constitution of the executive committee brought about in the meeting of 30-3-1981 after more than 5 1/2 months. The revisional authority ought to have dismissed the revision application of respondent No. 2 as being grossly delayed. (4) The order passed by the revisional authority is a mala fide order as according to her the executive committee which was constituted on 30-3-1981 consisted of members belonging to party other than ruling congress party and hence according to her the Development Commissioner had tried to help the ruling party by passing the impugned order. . . . . . . . . . . . . ( 5 ) FOR deciding the first contention raised by Miss Shah in support of the petition it is necessary to have a look at the relevant statutory provisions. The panchayat administration of this State is divided into different panchayat at different tyres of administration starting from gram panchayat on the one hand ending in district panchayat at the other. ( 5 ) FOR deciding the first contention raised by Miss Shah in support of the petition it is necessary to have a look at the relevant statutory provisions. The panchayat administration of this State is divided into different panchayat at different tyres of administration starting from gram panchayat on the one hand ending in district panchayat at the other. Sec. 3 of the Act provides that for the purposes of the Act there shall be in each district (1) a gram panchayat for each gram (2) a nagar panchayat for each nagar (3) a taluka panchayat for each taluka and (4) a district panchayat for the district. Sec. 14 of the Act provides for constitution of the taluka panchayat. In the present case I am concerned with functioning of respondent No. 3 taluka panchayat and consequently consideration of sec. 14 of the Act becomes very material. As already noted earlier as per sec. 14 (1) the. taluka panchayat shall consist of elected and associate members. Sub-sec (5) of sec 14 provides that the following shall be the associate members of the panchayat viz. (i) members of the Gujarat Legislative Assembly elected from any constituency in the taluka or part thereof. Clause (ii) has stood deleted by subsequent amendment (iia) chairman of all nagar panchayats within the taluka and where an officer has been appointed under sub-sec. (2) of sec. 45 to carry on the current duties of the office of chairman such officer or where a person has been appointed under clause (a) of sub-sec. (4) of sec. 297 to exercise the powers and perform the duties of any such nagar panchayat such person or where an officer is empowered under. sec. 303c to exercise the powers and perform the duties of the chairman of any such nagar panchayat such officer (b) Sarpanchas of all gram panchayats within the taluka and where an officer has been appointed under sub-sec. (2) of sec. 45 to carry on the current duties of the office of sarpanch such officer or where a person has been appointed under clause (a) of sub-sec. (4) of sec. 297 to exercise the powers and perform the duties of any such gram panchayat such person or where an officer is empowered under sec. 303c to exercise the powers and perform the duties of the sarpanch of any such gram panchayat such officer. (4) of sec. 297 to exercise the powers and perform the duties of any such gram panchayat such person or where an officer is empowered under sec. 303c to exercise the powers and perform the duties of the sarpanch of any such gram panchayat such officer. Clauses (iii) to (v) and the proviso are deleted by a later amendment. Thereafter follows sub-sec. (6) of sec. 6 which is very relevant for the present purpose and it is therefore required to be reproduced in extenso:" (6) An associate member of the panchayat shall have the right to speak or otherwise rake part in the proceedings of the panchayat or of such committee of the panchayat as may be prescribed but he shall not be entitled to vote in any such proceedings nor shall he be eligible to be the Chairman of any such committee (emphasis supplied)". PROVIDED that associate member referred to in clauses (iia) and (iib) of sub-sec. (5) shall not be entitled to be members of any committee of the panchayat". Sec. 110 of the Act is the next relevant sec. which is required to be noted. It falls under Part 11 of the Act dealing with provisions relating to taluka panchayats. Sub-part Clause (A) of part II deals with conduct of business and in the said sub-part of part II of the Act are found secs. 110 111 114 and 115 as well as sec. 116a. Those relevant statutory provisions deserve to be noticed at this stage. Sec. 110 provides that the meeting of a taluka panchayat shall be held normally every three months provided that the president for any specified reason may and upon the written request of not less than one-third of the members shall call the meeting of the taluka panchayat at any other time. Sec. 111 (1) provides for constitution of various committees of the taluka panchayat. Sub-sec. (1) of sec. 11. I provides that a taluka panchayat shall constitute the following committees namely: (i) an executive committee for exercising such powers and performing such functions and duties of the taluka panchayat (not being functions pertaining to its social justice committee) as the taluka panchayat may assign to it. Sub-sec. (1) of sec. 11. I provides that a taluka panchayat shall constitute the following committees namely: (i) an executive committee for exercising such powers and performing such functions and duties of the taluka panchayat (not being functions pertaining to its social justice committee) as the taluka panchayat may assign to it. Provided that it shall be lawful for the Executive committee to appoint not more than two sub-committee from amongst its members but the sub-committee so appointed shall not be competent to take any final decision in any matter. Sub-sec. (2) of sec. 111 provides that in addition to the committees referred to in sub-sec. (1) a taluka panchayat may constitute a committee or committees consisting of such member or members of the panchayat as the panchayat may determine to execute any work or scheme decided upon by the taluka panchayat or to inquire into and report to the taluka panchayat on matters which the panchayat may refer to such committee or committees. The taluka panchayat may make regulations for the procedure to be followed by any such committee. Sub-sec. (3) provides:" (3) The executive committee shall consist of (A) five members if the total number of elected members of the taluka panchayat is either fifteen or nineteen. (B) seven members if the total number of elected members of the panchayat is twenty three and (B) nine members if the total number of elected members of the panchayat is either twenty seven or thirty one". The aforesaid are the relevant sub-sections of sec. 111. It may be noticed that the strength of the executive committee of respondent No. 3 panchayat as per sec. 111 (3) should be 7 as total elected members of the panchayat are 23 as I have stated earlier. The dispute in the present case centres round the question about constitution of the executive committee of respondent No. 3 panchayat consisting of 7 members. Sec. 114 provides that Save as provided in this Act the time and place of a meeting of a taluka panchayat or committee thereof the quarum for such meeting the procedure for calling such meeting and the procedure at such meeting shall be such as may be prescribed. Sec. 114 provides that Save as provided in this Act the time and place of a meeting of a taluka panchayat or committee thereof the quarum for such meeting the procedure for calling such meeting and the procedure at such meeting shall be such as may be prescribed. Sec. 115 provides that All questions before a meeting of a taluka panchayat or committee thereof shall be decided by a majority of votes of the members present and unless otherwise provided in this Act the presiding officer of the meeting shall have a second or casting vote in all cases of equality of votes. We are not concerned with the proviso to sec. 115 and hence I do not refer to the same. Then follows sec. 116 pertaining to modification or cancellation of resolutions. The said provision is not germane to the present proceedings. Then follows sec. 116a which provides teat notwithstanding anything contained in this Act it shall be lawful for a taluka panchayat or any of its committees to invite at his meeting not more than four experts or specialists in the subject matter under consideration at the meeting out of persons who in the opinion of such panchayat or as the case may be committee may have degree e in engineering medicine commerce or such other subject of any university established by law in India and experience of not less than five years in the field of activity pertaining to the subject and are not disqualified to be members of the panchayat under any of the clauses (f) (g) and (h) of sec. 23 of the Act. The follows sub-sec. (2) of sec. 116a which lays down that an invitee at a meeting of the panchayat or its committee shall have the right to speak or otherwise make part in the proceedings of the meeting but shall not be entitled to vote. The term prescribed is defined by sec. 2 (24) to mean prescribed by rules. Under sec.-323 of the Act the State Government of Gujarat has been empowered to make rules for carrying out the purposes of the Act. In exercise of the aforesaid rule making power the State of Gujarat has framed rules named and styled as Gujarat Taluka and District Panchayats (procedure) Rules 1963 which will be referred to as Procedure rules for the sake of convenience. In exercise of the aforesaid rule making power the State of Gujarat has framed rules named and styled as Gujarat Taluka and District Panchayats (procedure) Rules 1963 which will be referred to as Procedure rules for the sake of convenience. It is now time for me to refer to these relevant procedure rules. Rule 2 as found in Chapter I of the procedure rules is definition provision. Rule 2 (d) defines a member to mean a member of a panchayat; while rule 2 (a) defines motion to mean a proposal made to evoke action on the part of the panchayat and includes an amendment of a motion. In chapter II of the procedure rules are found various rules commencing from rule 3 and ending with rule 46 providing a detailed procedure for conducting meetings of the panchayat. Rule 3 provides that subject to the provisions of sec. 110 of the Act or as the case may be sec. 130 of the Act a panchayat shall meet on such date as may be fixed by the President or vice president. The meeting shall generally he held at the panchayat office which shall normally be located at the head quarters of the taluka or district as the case may be or at such other place which the State Government may by an order made in writing in this behalf determine to be the head-quarters of the Panchayat. The agenda of the meeting shall he prepared by the secretary in consultation with the President. Rule 4 enjoins upon the Secretary of the panchayat to cause notices of ordinary meeting to be sent to all the members intimating the date time and place of and the business to be transacted at such meeting. Rule 5 deals with procedure for convening special meetings. Rule 6 lays down that a notice stating the dale time and place of every meeting of the panchayat and of the business to he transacted thereat shall be displayed on the notice board at the office of the panchayat. Role 7 deals with mode of delivery of notice to the members while Rule 8 deals with the question as to who would preside at the meeting of the panchayat where neither president nor vice-president is present. I do not deal with this rule in details as the present controversy has nothing to do with the applicability of this rule. Role 7 deals with mode of delivery of notice to the members while Rule 8 deals with the question as to who would preside at the meeting of the panchayat where neither president nor vice-president is present. I do not deal with this rule in details as the present controversy has nothing to do with the applicability of this rule. Then follows rule 9 on which great reliance was placed by the respondents ard hence it deserves to be quoted in extenso as under :" 9 Quorum :- (1) The quorum for the transaction of business at the meeting of the panchayat shall be (A) one fifth of the total number of members where the total number of members entitled to vote does not exceed. so; (B) 11 or one sixth of the total number of members whichever is greater where the total number of members entitled to vote exceeds 50 but does not exceed 80; (C) 12 or one eighth of the total number of members whichever is greater where the total number of members entitled to vote exceeds 80 but does not exceed 120; (D) 13 or one tenth of total number of members where the total number of members entitled to vote exceeds 120explanation-FOR the purposes of this rule if the total number of members entitled to vote is odd then in incalculating the number for the purposes of quorums fraction shall be counted as one i. e. if the number of members is fifty nine the number required for quorum shall be eleven. (2) If at any time during a meeting it is brought to the notice of the presiding officer that the number of members present inclusive of the presiding officer falls short of the number required for quorum the presiding officer shall if there be no quorum after waiting for a period of not less than thirty minutes and not more than one hour adjourn the seeting to some other day fixing such time and place as he thinks convenient and the business which remains undisclosed of at such meeting shall be disposed of at the adjourned meeting or at any subsequent adjournment thereof whether there be a quorum thereat or not. PROVIDED that no business shall be transacted at any adjourned meeting other than that left undisposed of at the previous meeting". PROVIDED that no business shall be transacted at any adjourned meeting other than that left undisposed of at the previous meeting". Rule 10 talks of a situation in which there is no guorum at the meeting and the procedure to he followed in such a contingency. The present controversy is not in any way connected with such a Situation and hence nothing further needs to be slated about rule 10. Rule 11 provides that all meetings of a panchayat shall be open to the public provided that the presiding officer may in any particular case direct that the public generally or any person shall withdraw from the meeting. Then follows rule 12 which is relevant for the present purpose and hence it is required to be quoted in extenso as under :"12 The items of business at a meeting of the panchayat shall generally be shown in the following order namely. (I) confirmation of the minutes of the previous meeting; (IA) interpellations or questions; (II) report of the action taken on on the decision at the previous meeting; (III) election of members to different committees of the panchayat. (IV) matters relating to urgent official business brought forward by the presiding officer; (v) any motion regarding change of agenda; (V) motions if any sent by the members; (VI) resolutions; (VII) statement of receipts and expenditure; (IX) progress reports; (X) items such as budget plans Programmes and audit reports etc; (XI) any matter which the State Government or any other office authorised by the State Government in this behalf may require the panchayat to consider: (XII) any other item which may be brought up at the meeting with the permission of the presiding officerrule 13 provides for ordinary business to be transacted according to agenda and lays down that except with the permission of the presiding officer; (a) no business which is not entered in the agenda shall be transacted at any meeting; and (b) the business to be transacted at any meeting shall be taken up in the order in which it is entered in the agenda. Rule 14 provides for notice of amendment of resolution. The said rule is followed by rule 15 which deals with adjournment of meeting Rule 16 lays down procedure for questions that may be permissible to the members during the proceedings at the meeting of the panchayat. Rule 14 provides for notice of amendment of resolution. The said rule is followed by rule 15 which deals with adjournment of meeting Rule 16 lays down procedure for questions that may be permissible to the members during the proceedings at the meeting of the panchayat. ( 6 ) RULES 17 18 and 19 deal with no confidence motions and procedure for consideration of such motions. Then follows rule 20 which deals with resolutions. It is relevant for our present purpose. Sub-rule (1) of rule 20 states:" (1) Subject to the provisions of this rule any member may move a resolution relating to a matter concerning the administration of the panchayat. (emphasis supplies)SUB-RULE (2) of rule 20 provides" (2) (a) A member who wishes to move a resolution shall give at least eight clear days notice of his intention to do so and shall together with the notice submit a copy of the resolution which he wishes to move. The president shall decide on the admissibility of a resolution and shall disallow any resolution which in his opinion does not answer to the requirements of sub-rules (3) to (6) or contravenes the provisions of the Act or the rules made thereunder and his decision shall be final". Rest of sub-rules of rule 20 are not relevant. The next relevant rule is rule 24 which provides that no resolution shall be discussed or noted in the minute book of the panchayat unless it has been properly moved and seconded provided that a resolution by the presiding officer need not be seconded. Next rule is rule 32 which provides that after a motion has been placed before the meeting for consideration under rule 24 the mover may speak in support of the motion and the seconder may either follow or reserve his speech for a later stage of the debate thereon. Rule 33 provides for right of reply and states that the mover or if the mover waives his right the seconder of a substantive resolution may reply at the conclusion of the debate thereon but no other member shall without the express permission of the presiding officer speak more than once on the same resolution except for the purpose of making a personal explanation but in such case no debatable matter shall be brought forward. Rule 35 provides for resolution to be voted on conclusion of debate sub-rule (1) of rule 35 provides that the presiding officer may on the conclusion of a debate on a resolution or at any time when the presiding officer is satisfied that the resolution has been sufficiently discussed put the resolution to the vote of the meeting. Rule 37 talks of manner of taking votes and states that votes may ordinarily be taken by a show of hands but shall if the majority of members present so decide be taken by ballot. Rule 45 provides for record of proceedings of meeting and states that the minutes of each meeting of the panchayat shall be recorded in a bound book in Gujarati by the Secretary. In this book shall be entered the names of the members present at each meeting the decision arrived the number of members voting for or against and of the members remaining neutral. Chapter IIIA of the rules deals with assignment of associate members to committee. Rule 61a deals with choice to be expressed by associate members and states that an associate member irrespective of the number of capacities in which he holds the associate membership shall in a communication to be addressed by him in writing to the President choose any three committees in the order of preference in which he desires to speak or otherwise take part in the proceedings thereof. Rule 61b deals with assignment of associate member to committee and states that on receipt of the communication under rule 61a the President shall with due regard to the preferences shown by the member assign the member irrespective of the number of capacities in which he holds the Associate membership to any one of the three committees indicated in the communication. ( 7 ) THE aforesaid statutory provisions of the Act as well as the the rules clearly show that in proceedings before a panchayat every member has a right to take part. An associate member is as much a member of the panchayat as an elected member as indicated by definition provision of sec. 2 (2a) of the rules read with sec. 14 (1) of the Act. An associate member has a right to express his choice for being assigned to any three committees of the panchayat as laid down by rule 61a and 61 of the rules. 2 (2a) of the rules read with sec. 14 (1) of the Act. An associate member has a right to express his choice for being assigned to any three committees of the panchayat as laid down by rule 61a and 61 of the rules. The only fetter on the power of the associate member is found from sec. 14 (6 ). The said section in terms provides that an associate member shall have no right to vote in any proceedings of the panchayat nor shall he be eligible to be the Chairman of any committee and the proviso to sub-sec. (6) of sec. 14 lays down that associate members referred to in clauses (iia) and (iib) of sub-sec. (5) shall not be entitled to be members of any committee of the panchayat. Save and except the aforesaid limitation on the power of the associate member for all other purposes he is as good as an elected member. This is made more specific by the earlier part of sec. 14 (6) which in terms lays down that the associate member shall have a right to speak or otherwise take part in the proceedings of the panchayat. ( 8 ) THE learned Advocates for the respondents submitted that as per rule 9 of the Rules for constituting quorum for the transaction of business at the meeting of the panchayat presence of an associatem ember has to be ignored and that quorum can be formed only by elected members. That is so. To that extent the presence of the associate member would not be relevant. But once a meeting is properly convened and due quorum is found thereat proceedings of the said meeting can start. An associate member by virtue of sec. 14 (6) has every right to speak or otherwise take part in these proceedings. Right to move a resolution can certainly be said to be an act by which the concerned associate member seeks to take part in the proceedings. If legislature had intended to prohibit an associate member from moving a resolution such an expression would have been found in sec. 14 (6) alongwith provision regarding right to vote being not available to an associate member. The court during the process of interpretation cannot add words to a statute. If the respondents contention is right sec. If legislature had intended to prohibit an associate member from moving a resolution such an expression would have been found in sec. 14 (6) alongwith provision regarding right to vote being not available to an associate member. The court during the process of interpretation cannot add words to a statute. If the respondents contention is right sec. 14 (6) will have to be read by adding therein further words to the effect that the associate member shall have no right to move a resolution. Such a course is not open to a court interpreting a clear statute. There is no question of any ambiguity in the construction of sec. 14 (6) which means what it says. To recapitulate it only prohibits an associate member from voting in the panchayat proceedings. It also prohibits him from being the Chairman of any committee and as per the proviso associate members of the classes contemplated by (iia) and (iib) of sub-sec. 5 of sec. 14 are not made eligible to be appointed on any committee of the panchayat. These are the only restrictions on the rights of the associate member. Save and except these positive prohibitions and restrictions the associate members have all other rights as members of the panchayat as enjoyed by any other elected members. ( 9 ) THE learned Advocates for the respondents next contended that sec. 14 (6) gives only two positive rights to associate members; (i) to speak in the proceedings of the panchayat and (ii) otherwise take part in the proceedings. They contended that right to take part in the proceedings would arise only after the proceedings are properly started. In their submission till the stage of moving a resolution has reached it cannot be said that the proceedings of the panchayat have started. That only after a resolution is properly moved and seconded as per rule 20 of the rules and once it gets admitted as per rule 24 that the proceedings of the panchayat can be said to have started and it is only at that stage that art associate member gets a right to speak but he himself cannot move any resolution. In short stage to move a resolution at a panchayat meeting is quite anterior to the starting of the panchayat proceedings. The aforesaid contention on behalf of the respondents has to be stated to be rejected. In short stage to move a resolution at a panchayat meeting is quite anterior to the starting of the panchayat proceedings. The aforesaid contention on behalf of the respondents has to be stated to be rejected. A mere look at the relevant procedure rules of the panchayat clearly shows that business of the panchayat is to be transacted at meetings duly convened and once there is a meeting backed up by due quorum business of the panchayat can be legally transacted at such meeting. All stages for conducting such business starting from moving of resolution till passing thereof and ultimately culminating in the recording of minutes would be part and parcel of the proceedings of the panchayat. It is not possible to agree with the learned Advocates for the respondents when they contended that the proceedings of the panchayat would start only after resolutions duly moved and seconded are admitted for discussion. That would be unduly restricting the scope and ambit of the words proceedings of the panchayat as employed by the legislation in sec. 14 (6 ). Rule 9 of the procedure rules as seen above maintains that presence of associate members is to be ignored for the purpose of forming quorum of a meeting. But once a meeting is duly convened and is found to be backed up by requisite quorum all subsequent stages must necessarily be held to be forming part and parcel of the proceedings of the panchayat. It is true that the term proceedings of the panchayat has not been defined by the Act. The Bombay General Clauses Act is also silent on the point. We have therefore to refer to the standard dictionaries on the subject. In Websters New Twentieth Century Dictionary 2 edition are given different shades of meaning of the word Proceedings at page 1434 as under:"1 an advancing or going on with what one has been doing. 2 action or course of action. 3 a particular course of action. 4 transactions. 5 a record of the business transacted by a learned society or other organized group. 6 legal action the taking of legal action. It is therefore obvious that any course of action is considered to be proceedings. Thus various steps in the course of action would be included in the term proceedings. 3 a particular course of action. 4 transactions. 5 a record of the business transacted by a learned society or other organized group. 6 legal action the taking of legal action. It is therefore obvious that any course of action is considered to be proceedings. Thus various steps in the course of action would be included in the term proceedings. Once duly convened meeting for transacting business of the panchayat starts functioning all various steps taken at the said meeting including moving of the concerned resolutions their seconding and till the stage they are put to vote would all be included in the term proceedings of the panchayat. It will also be profitable in this connection to refer to a recent judgment of the Supreme Court in Babulal v. Messrs Hazari Lal Kishorilal and Others A. I. R. 1982 S. C. 818. Misra J. speaking for the. Supreme Court was concerned in the aforesaid case with the question whether the executing court can permit amendment of the plaint in a suit for specific performance by allowing the plaintiff to introduce relief of actual possession at the stage of execution of the decree granting him specific performance. Interpreting the provisions of sub-sec. (2) of sec. 22 of the Specific Relief Act 1963 which enabled amendment of the plaint on such terms as the court may deem proper it was held by the Supreme Court speaking through Misra J. that even at the stage of execution amendment of the plait was permissible. In this connection the Supreme Court has made the following pertinent observations:"the word proceeding is not defined in the Act. Shorter Oxford Dictionary defines it as carrying on of an action at law a legal action or process; any act done by authority of a court of law; any step taken in a cause by either party. The term proceeding is a very comprehensive term and generally speaking means a prescribed course of action for enforcing a legal right. It is not a technical expression with a definite meaning attached to it but one the ambit of whose meaning will be governed by the statute. It indicates a prescribed mode in which judicial business is conducted. The word proceeding in sec. 22 includes execution proceeding also". In the light of the aforesaid latest judgment of the Supreme Court it must be held that the word proceeding as employed by sec. It indicates a prescribed mode in which judicial business is conducted. The word proceeding in sec. 22 includes execution proceeding also". In the light of the aforesaid latest judgment of the Supreme Court it must be held that the word proceeding as employed by sec. 14 (6) of the Panchayats Act is a term of comprehensive nature and would include all acts pursuant to which the business of the panchayat is transacted. It is therefore not possible to accept the submission of the learned Advocates for the respondents that the words proceeding of the panchayat would not include moving of resolution in a duly convened meeting. Once it is held that moving of resolution forms part and parcel of the proceedings of the panchayat it must be held that an associate member by virtue of sec. 14 (6) becomes automatically entitled to take part in these proceedings and he would be perfectly justified in moving any resolution to vote as that would amount to otherwise taking part in the proceedings. It is true that even though he may move such a resolution he cannot vote on it on account of the express prohibition of sec. 14 (6) to that effect. The learned Advocates for the respondents submitted that if a mover of the resolution though having a right to spoiled thereon and to initiate the debate thereon has no right to vote thereon there would be no sense in clothing him with power to move such a resolution and only those members who have right to vote on the resolution can move it. This is a mere ipse dixit on the part of the learned Advocates for the respondents. The statute nowhere lays down to this effect. Under the guise of interpretation if such restriction is read in the section it would amount to re-writing the section as indicated by me earlier. May be that this is a case of legislative lacuna or short-fall. But it would be for the legislature to remove this lacuna by providing an amendment to the provisions. So far as the court of law is concerned it must interpret the section as it stands and as indicated by me earlier the section nowhere prohibits an associate member who is entitled otherwise to take part in the proceedings from moving a resolution which in the settings of procedural matters forms a mere step in the proceedings. So far as the court of law is concerned it must interpret the section as it stands and as indicated by me earlier the section nowhere prohibits an associate member who is entitled otherwise to take part in the proceedings from moving a resolution which in the settings of procedural matters forms a mere step in the proceedings. It must therefore be held that Patel Joitaram a sitting M. L. A. who was an associate member respondent No. 3 panchayat was entitled to move the resolution for constitution of the executive committee in the meeting duly convened for that purpose on 30-3-1981. Once this conclusion is reached the result is obvious. The constitution of the executive committee pursuant to the said resolution must be held to be perfectly legal and valid. The contrary conclusion to which the first respondent reached in the revision application must therefore be held to be patently erroneous and will have to be quashed and set aside. Petition allowed. .