THE MUNICIPAL COUNCIL, ATTINGAL Vs. L. SADASIVAN PILLAI

JUDGEMENT

(1.) IN this writ petition,Mr.P.Subramanian Potti,learned counsel for the petitioner,Muncipal Council,Attingal,challenges the order of the Additional District Judge,Trivandrum passed in O.P.No.1 of 1958.

(2.) THE petitioner appears to have challenged the right of the respondent to continue as a councillor or the petitioner -Municipal Council and as such issued a notice under section 53(1)of the Travancore District Municipali­ties Act,Act XXIII of 1116,disqualifying the respondent.

(3.) THE Additional District Judge,to whom the original petition appears to have been transferred for hearing and disposal heard the matter and ultimately by his order,dated 17th March 1960,which is under attack no doubt,recorded some findings in favour of the peti­tioner -Municipal Council.But ultimately that authority is of the view that the respondent cannot be considered to be disqualified under section 53(1)of the Travancore District Municipalities Act inasmuch as it is of the view that the bill in respect of which the allegation of non -payment is made had not been properly served on the respondent and ultimately it is of the view that if a proper notice had been served on the respondent the order of disqualification passed by the Chairman could be sustained.But inas­much as it is of the opinion that there has been no proper service of demand on the respondent the order of the Chairman disqualifying the respondent under section 53 of the District Municipalities Act was set aside and it is that order of the Additional District Judge that is can­vassed before me in these proceedings.