GEORGE C KAPPEN Vs. GOVT OF KERALA

JUDGEMENT

(1.) The eleven petitioners were members of the Municipal Council of Palai of which the total membership is twenty. They were elected for a five year term expiring on 31st January 1993. But it was extended by a notification Ext. P1 dated 28th January 1993 for a further period of six months with effect from 1st February 1993. It was a general notification issued under the proviso to S.8(1) of the Kerala Municipalities Act 1960 (14 of 1961) extending the term of office of the elected Councillors of all the Municipalities in the State for a further period of six months from 1st February 1993. Similar notification was issued in relation to Councillors of Municipal Corporations as well as seen from Ext. P1.

(2.) Section 8 of the Act deals with the term of Councillors, and filling up of scats. Sub-s.(1) which is relevant provides that the term of office of Councillors shall, save as otherwise expressly provided, be five years commencing from such date as the Government may, by notification in the Gazette appoint. This section was amended by Ordinance I of 1993 by adding a proviso to the effect that Government may, by notification in the Gazette, extend or reduce the said term by such period as may be specified in the notification. Similar provision was made in the Municipal Corporations Act also. It was in exercise of the powers so conferred by the proviso that the term of office of the Municipal Councillors of all the Municipalities in the State was extended by Ext. P1 for a period of six months.

(3.) While the petitioners were thus functioning during their extended tenure. Government issued a notification Ext. P2 on 24th February 1993 again in exercise of the powers conferred on them under the proviso to sub-s.(1) to S.8, reducing the term of office of the elected Councillors of the Palai Municipality by a period of five months and seven days, with effect from 25th February 1993. The Municipal Councillors of Palai had therefore to vacate their office pursuant to Ext. P2. The reason for this notification is mentioned in the explanatory note as follows: -