B HHONNALIGE GOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) IN these applications, we are asked to pronounce against the constitutionality of a legislation made by the legislature of the new State of Mysore instituted the Mysore Village Offices Abolition Act, 1961 (Mysore Act No. 14 of 1961), and. In the decision of this question, we had the advantage of an interesting and learned argument on both sides.

(2.) THE applicants are village officers of the new State of Mysore. Some of them are Shanbhogs and the others are patels. We have before us Shanbhogs and patels appointed under the Mysore Village Offices Act, 1908, (Mysore Act No. IV of 1908) and village officers known as Karnams appointed under the Madras Hereditary Village Offices Act, 1895 (Madras Act No. III of 1895). There is one more before us who is called a stipendiary shanbhog appointed under Section 14 of the Mysore Land Revenue Code.

(3.) ON July 8, 1961, the Mysore Village Offices Abolition Act, 1961 (Mysore Act No. 14 of 1961) enacted by the legislature of the Hew state of Mysore and which will be referred to as the impugned Act, received the assent or the President. Section 1(3) of the Act declared that it shall come into force on such day as the State Government may, by notification, appoint, me preamble to the Act declared that the purpose of the Act was to abolish village offices held hereditarily before the commencement of the Constitution' and the emoluments appertaining thereto.