MANIYUR PANCHAYAT Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner before me is the Maniyur Panchayat represented by its Acting President and the challenge in the writ petition is directed against the action of the State Government in issuing the communication Ext. P1 dated 30 5 72 to the Executive Officer of the Petitioner panchayat directing him that no appointment to any post in the Maniyur panchayat should be made until further orders from Govt. THE petitioner contends that the Govt, had no jurisdiction at all to issue any such direction to the Executive Officer since there is no provision in the Kerala Panchayats act or in any rules framed thereunder conferring such a power on the State government. It is also alleged in the O. P. that the impugned order causes great hardship to the Panchayat in its day-to-day administration and efficient working and that it stands in the way of filling up vacancies of two High school Assts. in the Secondary School run by the Panchayat resulting in considerable inconvenience to the students of the said school-It would appear that a notice dated 23 31972 had been issued by the State Govt, proposing to supersede the Panchayat and calling upon the Panchayat to put forward its objections if any to the said proposal. THE petitioner filed O. P. No. 2227 of 1972 challenging the validity of that notice and had obtained an interim stay of further proceedings in that matter as per an order dated 15-72 passed in C. M. P. 5688 of 1972. It is alleged by the petitioner that Ext P1 which is impugned in this case has been issued by the State Government only after the stay order was passed by this court and that the said action is illegal on that ground as well.

(2.) IN the counter affidavit filed on behalf of the State govt, it is stated that the Government had received information that appointments were about to be made to many posts by the authorities of the maniyur Panchayat in respect of which a proposal for supersession was pending and that it was therefore considered necessary to issue the impugned order Ext p1 since the Govt, thought it proper not to allow the Panchayat to fill up the vacancies and thereby impose a financial burden on the Panchayat. IN answer to the petitioner's contention that the Govt, had no power to issue the impugned direction it is asserted in the counter affidavit that under S. 39 (2),143 and 144 (3) (1) of the Kerala Panchayats Act and R. 5 of the Kerala Panchayats (Establishment) R. 1967 "the Govt, have absolute control in the matter of appointments in Panchayats". Reliance is also placed in the counter affidavit on S. 55 and 56 of the Act as investing the Govt, with power to issue such directions to a Panchayat.