SABARI PERUMAL PILLAI Vs. DISTRICT COLLECTOR QUILON

JUDGEMENT

(1.) The petitioner was elected Chairman of the Shencottah Municipal Council in February 1953 and a motion expressing want of confidence in the Chairman was moved and carried under S.44 of the Travancore District Municipalities Act, 1116, (Act XXIII of 1116) on 7.9.1954 and the prayer in the petition is that this court should "issue a writ of certiorari or other appropriate writ or order for removing the proceedings of the Municipal Council, Shencottah, referred to in the affidavit and dated 7.3.1954 to this court and to quash the same".

(2.) The petition was filed under Art.226 and 227 of the Constitution but the learned counsel for the petitioner submitted at the hearing that he was invoking only Art.226 and not both the Articles mentioned in the petition.

(3.) The only ground urged before me in support of the petition was that the Collector was in error in refusing to decide the question of the disqualification of six of the councillors under S.53 of the Travancore District Municipalities Act, 1116, which was raised by the petitioner. The order of the Collector reads as follows: