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TMI Blog1956 (11) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... Choru Panchayat through Patwaris on the 15th of October, 1955. Thus the case of the petitioner is that the notice under Rule 4 of the Rules was not announced 7 days before the date of election and the proceedings of election are, therefore, challenged to be invalid. The prayer of the petitioner is that the proceedings of election be declared to be in valid and the Chief Panchayat Officer be directed to hold fresh elections Of the Panchayat. It has also been stated by the petitioner that he raised an objection in this behalf before the Returning Officer at the time of election, but it was not considered and the proceedings of election were conducted if spite of the objection having been raised by him. 3. No replies have been filed by the opposite parties. The record of election has, however been placed before this Court by Shri Bam Avtar Deputy Government Advocate. 4. The fact that notice of, election under Rule 4 was announced on the 14th of October, 1955, and that election was held on the 21st of October. 1955, as stated by the petitioner, is supported by the record of the proceedings of election. The only point which Reserves consideration is whether a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anchayat circle, and have to canvass only in that limited area. The learned Deputy Government Advocate also has not pressed before us that Rule 4 is merely a directory provision. We are satisfied that Rule 4 is a mandatory provision and must be strictly followed before an election in a panchayat circle takes place. We are in respectful agreement with the aforesaid decision given in Prabhudayal's case (A) and the point does not require further discussion to hold that the provision of Rule 4 is mandatory. 7. Now it has to be seen what is the mode of calculation of the period of 7 days for purposes of Rule 4. The rule provides that the Returning Officer shall, at least seven days before the date of election, announce for the information of the inhabitants of the Panchayat Circle by notice and in such other manner as the Chief Panchayat Officer may direct.....the date, time and place of election. It is not the case of any one of the parties that the Chief Panchayat Officer issued any direction regarding the manner of the publication of notice under Rule 4. In the present case, the Returning Officer sent the notice under Rule 4 to the office of the Panchayat on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarded as the period preceding the date of election. If part of a day is considered as a day, then and then only the date of publication can be computed as a day in computing the period of seven days. Shri Tyagi has referred to The Queen v. The Justices of Shropshire (1838) 8 A E 173: 112 ER 803 ; In re, Railway Sleepers Supply Co.. (1685) 29 Ch D 204; The King v. Turner 1910 1 KB 346 (D); In re. Hector Whaling Ltd. 1936 1 Ch 208 (E). 9. In the case of (1938) 8 Ad E 173 (B) the statute required notice on the grounds of appeal fourteen days at least before the first day of sessions at which the appeal was intended to Be tried. It was held that where an act is required by statute to be done so many days at least before a given event, the time must be reckoned, excluding both the day of the act and that of the event. In 1885 29 Ch D 204 (C) the facts were that at an extraordinary general meeting of the company duly convened and held on the 25th of February. 1885, a special resolution was passed for the reduction of the capital of the company, and at another extraordinary general meeting convened and held on the 11th of March, 1885, that resolution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erly be held on the 2nd of January, for one day must intervene, therefore, the 3rd of January would be the earliest day, and adding thirteen more days to make the fourteen the second meeting could not be held before the 16th in the case of (1838) 8 Ad E 173 (E) the statute required that notice of the grounds of appeal was to be given, fourteen days at least, before the first day of the sessions, and it was decided that the fourteen days at least mean fourteen clear days. 10. In 1910 1 KB 346 (D) one of the questions that was decided was: Was the service of the notice on October 4, the sessions being held on October 11, a sufficient notice within Section 10 of the Act? Section 10, Sub-section (4) of the Prevention of Crime Act. 1908, provided that not less than 7 days notice muse be given to the proper officer of the Court and to the offender. It was observed by Channel J. : The question whether the words not less than seven days mean clear days is a troublesome one to answer, as there have been decisions upon similar words which are not exactly in accord. Those decisions depend upon particular statutes, and may therefore all be right an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s observed in that case: The expressions 'within 30 days' and 'not less than 30 days' are two quite different things. 'Within 30 days' is within two points of time, one at which the period begins and the other at which it expires. On the other hand, 'not less than 30 days' is outside these two points of time. There must be an interval of not less than 30 days and that means 30 days clear. The period must continue beyond the expiration of the stated time. Whereas' 'within' the stated period must mean what it says, something less than the moment of expiration. The expression not less than 30 days in Section 22 (2) therefore means that 30 days must elapse from the date of the receipt of the notice before the obligation of the assessee to tend the retain becomes effective,'' The answer to the question was therefore given in the negative and the notice was held to be invalid. The language of Rule 4 is not similar to the language of Section 22 of the Income Tax Act. In Rule 4 the language used is at least seven days before the date of election. The language of the provision of the statute that came up for consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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