V E VASUDEVAN Vs. STATE

JUDGEMENT

(1.) The backdrop of the case and the basic questions of law in all the four Original Petitions being the same, they were heard together and are being disposed of by this common judgment.

(2.) The challenge in O.P. No. 8517 of 1984 is directed against the Kerala Panchayats (Amendment) Ordinance, 1984 (hereinafter referred to as Ordinance No. 69 of 1984), with particular reference to S.3 thereof. A true copy of Ordinance No. 69 of 1984 published in the Kerala Gazette Extraordinary dated 30th September, 1984 has been produced and marked as Ext. P4. The challenge in O.P. No. 8953 of 1984 and 8630 of 1984 is directed against the Kerala Municipalities (Second Amendment) Ordinance 1984 (hereinafter referred to as Ordinance No. 68 of 1984); a true copy of this has been marked as Ext. P2 in O.P. No. 8630 of 1984. The challenge in O.P. No. 8953 of 1984 is directed against the Kerala Municipal Corporations (Amendment) Ordinance of 1984 (hereinafter referred to as Ordinance No. 67 of 1984). For the sake of convenience we would take up for consideration O.P. No. 8517 of 1984 in the first instance.

(3.) The facts are not much in dispute. Petitioners 1 and 2 respectively were the Vice-President of Cheriyanad Panchayat and the President of Aryod Panchayat for the period from 1-10-1979 to 30-9-1984. The 2nd petitioner also claims to be the General Secretary of the Kerala Panchayats' Association, Trivendrum. The first petitioner had filed O.P. No. 7163 of 1984 on 16-8-1984 against the respondents and others. In that writ petition, Civil Miscellaneous Petition No. 22303 of 1984 filed by the disposed of by this Court on 26-10-1984; and a true copy thereof has been produced and marked as Ext. P1 in the present O.P. The operative portion of that order reads as follows :