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2000 DIGILAW 2 (CHH)

AYODHYA v. STATE OF C. G.

2000-04-20

S.R.NAYAK

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ORAL ORDER 1. Since the question that arises for decision-making in both the writ petitions is identical, they are clubbed, heard together and they are being disposed of by this common order. 2. The petitioner is the Vice President of Janpad Panchayat, Masturi for a term of five years from 2005 to 2009. It appears that the respondents Nos. 6 to 25 who are the Members of Janpad Panchayat, Masturi submitted a no confidence motion to the Additional Collector. Bilaspur District the 3rd respondent herein. The 3rd respondent taking cognizance of the said no confidence motion has convened the meeting of Janpad Panchayat on 24th April, 2006. Feeling aggrieved by the above action of the 3rd respondent, this writ petition is filed. 3. It was contended by the learned counsel for the petitioner that the 3rd respondent has no authority to convene the meeting, to consider the 'no confidence motion' submitted by respondent Nos. 6 to 25. It was submitted that under Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam"), only the Collector of the District has authority to convene the meeting. In support of the above contention, learned counsel would draw my attention to Notification No. 705/P/22/2003 dated 13th May, 2003 (Annexure P/6), issued by the State Government in exercise of the power conferred by the clause (xxi) of Section 2 read with sub-Section (3) of Section 93 of the Adhiniyam. 4. Section 28 of the Adhiniyam deals with no confidence motion against President or Vice President of Janpad Panchayat. Section 28 itself does not prescribe as to who is the competent authority to convene a meeting of Janpad Panchayat to consider 'no confidence motion' against President or Vice President. Sub-Section (2) of Section 28 of the Adhiniyam states that meeting to consider 'no confidence motion' shall be convened in such a manner as may be prescribed and shall be presided over by an officer of the Government as the 'Prescribed Authority'. The term "Prescribed Authority" is defined in clause (xxi) of Section 2 of the Adhiniyam which reads as follows: (xxi)" 'Prescribed Authority' in any provision of this Act means such officer or authority as the State Government may, by notification, direct to discharge the functions of a prescribed authority under that provision." 5. The term "Prescribed Authority" is defined in clause (xxi) of Section 2 of the Adhiniyam which reads as follows: (xxi)" 'Prescribed Authority' in any provision of this Act means such officer or authority as the State Government may, by notification, direct to discharge the functions of a prescribed authority under that provision." 5. In exercise of the powers conferred by the clause (xxi) of Section 2 read with sub-section (3) of Section 93 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and in supersession of earlier Notification No. 705/P1221 2003 dated 13-05-2003, the State Government of Chhattisgarh has directed that the officer or the Authority mentioned in column (2) of the table below shall discharge the functions of the Prescribed Authority for the purpose of Sections of the Adhiniyam mentioned in corresponding entry in column (3) thereof: S.No. Officer or Authority Section (1) (2) (3) 1. Collector 13(4)(one) and (6) 2. Collector 17(4) 3. Tehsildar 17(5) 4. Tehsildar 18(2) 5. Tehsildar 18(3) 6. Sub-Divisional Officer 19 (Revenue) 7. Secretary, Gram Panchayat 20(1) 8. Sub-Divisional Officer 21(2) (Revenue) 9. Collector 23(1) 10. Sub-Divisional Officer 23(3)(one) (Revenue) and (5) 11. Sub-Divisional Officer 25(1) (Revenue) 12. Collector/Additional Collector 25(2)(two) 13. Distt. Joint Director/Dy. 26 Director Panchayat and Social Welfare 14. Chief Executive Officer 27(1) Janpad Panchayat 15. Collector 28(2) 16. Collector 30(1) 17. Collector/Additional Collector 30(3)(one), 30(5) 18. Collector/Additional Collector 32(1) 19. Director, Panchayat 32(2)(1) 20. Collector/Additional Collector 33 21. Collector 33(A) 22. Chief Executive Officer, Zila 34(1) Panchayat 23. Director Panchayat 35(2) 24. (1) For Gram Panchayat - District Joint Director/Dy. Director Panchayat and Social Welfare (2) For Janpad Panchayat - Collector/Additional Collector (3) For Zila Panchayat - Collector 25. (1) For the Member of Gram - Sub-Divisional Officer Panchayat & Sarpanch & (Revenue) Up Sarpanch (2) For the Member & - Collector/Additional President & Vice President Collector of Janpad Panchayat (3) For President, Vice - Collector President & Member of Zila Panchayat 26. (1) For Gram Panchayat, - Sub-Divisional Officer (Revenue) (2) For Janpad Panchayat - Collector/Additional Collector (3) For Zila Panchayat, - Director, Panchayat - Collector/Additional Collector/Additional Collector (I) For Gram Panchayat' - Sub-Divisional Officer (Revenue) Collector (3) For Zila Panchayat - Collector/Additional Collector - Collector/Additional Collector - Collector 25 26. (2) For Janpad Panchayat 27, 28, 29, (I) For Janpad Panchayat 30. (2) For Zili Panchayat I. Sub-Divisional Officer (Revenue) Sub-Divisional Officer I:; (Revenue) (1) For Gram Panchayat 31. (2) For Janpad Panchayat 27, 28, 29, (I) For Janpad Panchayat 30. (2) For Zili Panchayat I. Sub-Divisional Officer (Revenue) Sub-Divisional Officer I:; (Revenue) (1) For Gram Panchayat 31. 32, (2) For Janpad Panchayat (3) For Zila Panchayat 33. (I) For Gram Panchayat (2) For Janpad Panchayat. - Sub-Divisional Officer (Revenue) - Collector/Additional/ Collector - Collector Collector/Additional Collector II - Collector/Additional/Collector 251 (3) 37(2) 39(1) 40(1) 41 45 47(2) 55(4) 59 61 (I) (2) (3) (3) For Zila Panchayat - Collector 34. (1) For Gram Panchayat - Sub-Divisional Officer (Revenue) (2) For Janpad Panchayat - Collector/Additional 68 Collector (3) For Zila Panchayat - Collector 35. District Joint Director/Dy. 69(1) Director Panchayat & Social Welfare 36. (I) For Gram Panchayat - Dislt. Joint Director/ 69(4) Dy. Director Panchayat & Social Welfare (2) For Janpad Panchayat - Collector/Additional Collector (3) For Zila Panchayat - Collector 37. (1) For Gram Panchayat - Collector/Additional Collector (2) For Janpad Panchayat - Collector 70(1) (3) For Zila Panchayat - State Government 38. (I) For Gram Panchayat - Distt. Joint Directory/ Dy. Director Panchayat & Social Welfare (2) For Janpad Panchayat - Distt. Joint Director/Dy. 73(2)(3) Director Panchayat & Social Welfare (3) For Zila Panchayat - Director, Panchayat 39. (1) For Gram Panchayat - Sub-Divisional Officer (2) For Janpad Panchayat - Collector/Additional 79 Collector I. 40. (1) For Gram Panchayat - Sub-Divisional Officer (Revenue) (2) For Janpad Panchayat - Collector 85(1) (3) For Zila Panchayat - Director, Panchayat (I) For Gram Panchayat - Collector/Additional Collector (2) For Janpad Panchayat - Collector 86(1 )(2) (3) For Zila Panchayat - Director, Panchayat 42. (1) For Gram Panchayat - Director, Panchayat 87(1) & (2) For Janpad Panchayat - Director, Panchayat (3)(b) (3) For Zila Panchayat - Director, Panchayat 43. Collector/Additional Collector 89(1 ) 44. (1) For Gram Panchayat - Sub-Divisional Officer 92( I), (Revenue) (2) & (3) (2) For Janpad Panchayat - Collector/Additional Collector (3) For Zila Panchayat - Collector 45. (1) For Gram Panchayat - Dislt. Joint Director/Dy. Director Panchayat & Social Welfare (2) For Janpad Panchayat - Collector 96(3) (3) For Zila Panchayat - Director, Panchayat 46. (1) For Gram Panchayat - Distt. Joint Director/Dy. Director Panchayat & Social Welfare (2) For Janpad Panchayat - Collector 100" (3) For Zila Panchayat - Director, Panchayat 6. The relevant entry for our purpose is the Entry (15). The language employed in the above notification issued by the Govt. (1) For Gram Panchayat - Distt. Joint Director/Dy. Director Panchayat & Social Welfare (2) For Janpad Panchayat - Collector 100" (3) For Zila Panchayat - Director, Panchayat 6. The relevant entry for our purpose is the Entry (15). The language employed in the above notification issued by the Govt. of Chhattisgarh is plain, clear, precise and unambiguous and does not have more than one meaning as to who should be the Prescribed Authority for the purpose of exercising various powers under various Sections of the Adhiniyam. The power under sub-Section (2) of Section 28, as per the table appended to the said notification, could be exercised only by the Col1ector. However, it is the contention of the learned Government Advocate that in Section 16 of the Chhattisgarh Land Revenue Code, 1959, the word 'Col1ector' is defined, and as per that definition the word 'Col1ector' includes Additional Collector and therefore, the 3rd respondent's authority to convene the meeting to consider the 'no confidence motion' could not be questioned. In support of his submission, learned Government Advocate sought to place reliance on a judgment of a learned Single Judge of Madhya Pradesh High Court in the case of Kaushal Prasad Kashyap Vs. State of M.P. and others. 7. Having heard learned counsel for the parties, I find substance in the contention of the learned counsel for the petitioner and no merit in the submission of the learned Government Advocate. The Adhiniyam does not define the word 'Collector'. Therefore, in normal course and in the absence of Notification No. 705/P/22/2003 dated 13th May, 2003. I could have followed the definition of the word 'Collector' as defined under Section 16 of the Land Revenue Code. But, such a course is impermissible because of the notification dated 13-05-2003 issued by the Government of Chhattisgarh in exercise of power conferred on it by clause (xxi) of Section 2 read with sub section (3) of Section 93 of the Adhiniyam referred to above. 8. It is well settled that while interpreting, a provision of law, whether it is statutory provision or of a delegate legislation, the Court should interpret such provision in such a way as to give content and meaning to each and every word used therein, and it cannot be interpreted in a way as to render I any word or expression as otiose, redundant or surplussage. A careful perusal of the Table appended to the Government order dated 13th May 2003 would clearly show that the rule-making authority (the government) wherever it wanted to confer powers under various Sections concurrently on Collector as well as Additional collector, it has done so, whereas, if it wanted to confer certain powers exclusively on Collector and other named officers of the State, it has directed accordingly. For example, the power to be exercised under Sections 23(1),28(2), 31,33 A and certain other Sections has been conferred exclusively on Collector, whereas the power to be exercised under Sections 25(2), 33, 32(1) amongst several other Sections has been conferred concurrently on Collector as well as Additional Collector. This has been consciously and deliberately done by the Government. If the Government wanted the word 'Collector' to mean Additional Collector also, there was absolutely no necessity to mention the word 'Additional Collector' in Entries 12,17,18,20,24(2),25(2),26(2),27,28(2),29(1),32(2),33(1) and (2), 34(2), 36(2), 37(1),39(2),41(1) and 44(2), because, in that case 'Collector' would also mean' Additional Collector'. Therefore, the power under Section 28(2) ought to have been exercised only by the Collector and not by the Additional Collector. 9. The judgment of the Madhya Pradesh High Court cited by the learned Government Advocate is of no help to support his submission for more than one reason. That was a case when: the Court was called upon to decide the question whether the Additional Collector could not have exercised the power under Section 39 (2) of Adhiniyam. The Table appended to the Notification No. 705/P/22/2003 dated 13th May, 2003, does not prescribe any Authority to exercise the power under Section 39(2). In that view of the matter, perhaps the view taken by the Madhya Pradesh High Court might be one plausible view. T, however, hasten to state that I should not be taken to have a concurred with the view taken by the learned Single Judge of the High Court of Madhya Pradesh in the above case. I leave that question open to be decided by this Court in an appropriate case. Secondly that judgment of Madhya Pradesh High Court does not deal with a Notification of the kind' similar to the one issued by the Government of Chhattisgarh dated 13th May 2003. Looking from that angle also, the ratio of that judgment could not be applied to the facts of this case. Secondly that judgment of Madhya Pradesh High Court does not deal with a Notification of the kind' similar to the one issued by the Government of Chhattisgarh dated 13th May 2003. Looking from that angle also, the ratio of that judgment could not be applied to the facts of this case. Thus, looking from any angle, it is clear that the Collector alone ought to have exercised the power under Section 28(2) of the Adhiniyam and not the Additional Collector. The initiative taken by the 3rd respondent Additional Collector is therefore liable to be condemned as the one without authority of law and in. violation of the mandatory provisions of Section 28(2) of the Adhiniyam read with Notification No. 705/P/22/2003 dated 13th May, 2003 issued by the Government of Chhattisgarh. In the result, I allow the writ petition and quash the impugned proceedings. No costs. Petition Allowed.