JOSHY CYRIAC Vs. KALPETTA MUNICIPALITY

JUDGEMENT

(1.) THE petitioner is a Councillor of the 1st respondent Municipality.The Municipal Council of the said Municipality,by a meeting held on 14.11.2000,fixed the strength of different standing committees as contemplated under S.21(1)read with S.20 of the Kerala Municipality Act.Ext.P3 is the said decision.But,when,for holding the election to the standing committees,Ext.P6 notice dated 06.12.2000 was issued this strength of the committees decided as per Ext P3 has been modified.It appears the said modification was made relying on Ext.P4 circular issued by the Government,cancelling an earlier clarification issued by it in relation to circular dated 27.10.2000.This Original Petition is filed challenging Ext.P6.At the time of admitting the O.P .,this Court,on 13.12.2000,ordered that the election to the standing committees pursuant to Ext.P6 will be subject to the result of the O.P.

(2.) THE 3rd respondent has filed a counter affidavit,stating that the Government is competent to issue a circular in the nature of Ext.P4 and therefore the change in the strength of the standing committees made in the light of Ext.P4 is valid.