GEORGE VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The Writ Petitioner is the President of the third respondent Block Panchayat. He challenges Clauses 6 & 7 of Ext. P2 as ultra vires Section 162(2) of the Kerala Panchayat Raj Act, 1994. A declaration is also sought that Clause 23 of Ext. P2 is ultra vires Section 162(3) of the Act. The further prayers are to quash Ext. P4 and to declare that the decision taken in Ext. P1 is legal.

(2.) It is the case of the petitioner that the Panchayat determined the number of Members to its Standing Committees vide Ext. P1. Ext. P3 is a notice issued by the petitioner for convening a meeting to conduct election of Members to the three Standing Committees on 5.11.2005. By Ext. P4, however, the second respondent issued notice to the Secretary of the Panchayat for determining the number of Members of each Standing Committee in accordance with Ext. P2 Circular.

(3.) The petitioner premises his case on Section 162(2) of the Kerala Panchayat Raj Act. It reads as follows: