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Magistrate. This. reading is also bome out by the other expression "not later than thirty-five days" which is used in the section. In this Court(-') the expression "not later than 14 days" as used in rule 119 under Representation of the People Act was held to mean the same thing as "within a period of fourteen days". In that expression the number of days, it was held, should not exceed the number fourteen. In the sub-section we are dealing with the number of days that should not exceed thirty-five days. On a parity of reasoning not earlier than thirty days would include the 30th day but not the 29th day because 29th day must be regarded as earlier than thirty days. If the provision were "not earlier than thirty days and not later, than thirty days" it is obvious that -only the 30th day could be meant. This proves that the fixing of the date of the meeting was therefore in accordance with law. We respectfully disapprove of the view taken in the Andhra Pradesh case. The third point arises under the following circumstances. The District Magistrate had arranged with the District Judge for a stipendiary judicial officer to preside over the meeting to be convened.-on November 25. The District Judge had nominated. one Mr. R. R. Agarwal, Additional Civil Judge, Aligarh for this purpose. Mr. R. R. Agarwal made an order on November 22, 1966 intimating that he was unable to preside over the meeting ,on November 25 and that the meeting would be adjourned to December 5. The District Magistrate sent out notices on ;the same day intimating the members of the change of date. It is ,contended that this action of the Addl. Civil Judge, Aligarh violated the provisions of the fifth sub-section. The reason advanced is that the judicial officer is not empowered to adjourn the meeting in advance but he can only do so if he is unable to preside at the meeting, that is to say, on the day on which the meeting is to be held.. In support of this contention a ruling of the Allahabad High Court reported in Krishna Chandra Gupta v. Prayag Narain and others(3) is cited where at -page 229 a Divisional Bench said that the authority under' sub-s. (5) to adjourn the meeting is exercisable only on the date on which the meeting is convened and if that occasion does not arise the adjournment is improper. Here again we find it difficult to accept the view expressed in the Allahabad High Court. Sub-section (4) provides that if the presiding judicial officer does not attend the meeting, the meeting stands automatically adjourned after half an hour to a date and time to be appointed later and notified to the members by that officer under sub-section (5). It seems pointless (1) H. H. Raja Harinder Singh v. S. Karnail Singh and others A.I.R. 1957 S.C. 271.

(2) 1961 All. L.J. 226.

therefore to think that if the judicial officer knows in advance that he would not be able to attend the meeting that he had not the power to adjourn the meeting in advance. No visible profit results from such a construction. In fact, the words of sub-s. (5) are that if the judicial officer is unable to preside at the meeting he may, after recording his reasons, adjourn the meeting to such other date and time as he may appoint. This can happen not only at :the meeting but also before the date of meeting if the judicial officer is in a position to say that he would be unable to preside at the meeting. If this were not so some unforeseen event which requires the presiding officer to be absent would frustrate the entire non-confidence motion because the judicial officer would be unable to adjourn it in advance. That the consequences under sub-section (4) would automatically flow also show that it should be possible for the presiding officer to adjourn a meeting which under the law would in any event be adjourned under sub-s. (4). In our opinion it is not necessary that the judicial officer should be present at the meeting and then adjourn it for purposes of sub-s. (5). He can take action in advance. This will be convenient all round because it will save members from attendance on that day. This was done in this case and in our opinion the action was correct. We do not read the word "adjourn" as being in any way different from the word "postpone" which is some times used. The Word "adjourn" means that the officer can postpone the meeting to a subsequent date.