K HUTCHU RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner in this case who was a hereditary Village Officer questions the validity of not only the Mysore General Services (Revenue Subordinate Branch) Village Accountants (Recruitment) Rules, 1070, but also of the rules of the same name of the year 1961.

(2.) So far as the validity of the Rules of 1970 is concerned, the same lias been upheld in our order pronounced to day in WP.2978 of 1970 and connected cases.

(3.) The only argument in support of the contention that the Rules of 1961 are also invalid is that according to the preamble thereof the Governor is said to have made those rules in exercise of the powers conferred not only by the proviso to Art.309 of the Constitution, but also by S.233 of the Mysore Land Revenue Code and S.214 of the Bombay Land Revenue Code as in force in Bombay Area, and S.172 of the Hyderabad Land Revenue Act as in force in the Hyderabad Area and the Coorg Land Revenue Regulation of 1899 as in force in Coorg District but that the powers under the said sections in the said Acts are those conferred on the State Government and not the Governor.