KUTTAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition under Art.226 of the Constitution of India challenges the validity of subs - ss. (1) and (5) of S.157 of the Kerala Panchayat Raj Act as amended by Act 13 of 2000 requiring an officer nominated by the State Election Commission to receive a copy of a resolution of motion for no confidence in the President or Vice President of a Panchayat and to preside over the meeting called to consider it.

(2.) Background S.157 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the Act) deals with the subject of no confidence in President or Vice President of a Panchayat. The procedure for considering such a motion has also been provided under the Section and there are no separate rules prescribed thereupon.

(3.) Sub-s. (3) of the Act, when it was originally framed, read as under: