K S VENKITESWARA IYER Vs. M C MATHAI

JUDGEMENT

(1.) THE petitioner is the President of the Kadapra panchayat. He challenges the validity of a motion expressing want of confidence in the President which was passed at a meeting of the Panchayat held on 8. 4. 1956.

(2.) EXT. P is an official memorandum of the Director of local Bodies, Trivandrum (9th respondent) dated 18. 2. 1956. It reads as follows: "a notice of no-confidence motion against Sri. K. S. Venkiteswara Iyer, the President of the Kadapra Panchayat, presented before the director of Local Bodies on 17. 2. 1956 by M/s. M. C. Mathai, Vice President and g. Achuthan Thambi, K. Appukuttan Adissar and P. A. Mathew, members of the panchayat, is forwarded herewith to the Panchayat Inspector, Chengannur. The Panchayat Inspector, Chengannur, is hereby authorised under S. 40 (3) of the Panchayat Act II of 1950 to convene the meeting within the prescribed time, for the discussion of the motion. A copy of the minutes of the meeting together with a copy of the motion and the result of voting thereon shall be forwarded forthwith on the termination of the meeting to the Director of Local Bodies, Government and deputy Director of Local Bodies". The Inspector of Panchayats, Chengannur (8th respondent)who was authorised by EXT. P under S. 40 (3) of the Travancore-Cochin Panchayats act, 1950, presided over the meeting held on 18. 4. 1956, and the first contention before us is that he had no right to do so for lack of a specific authorisation to preside apart and distinct from the authorisation to convene a meeting.

(3.) IT was not possible to hold a meeting on 10. 4. 1956 as a result of an order of Nandana Menon, J. on C. M. P. No. 95 of 1956 in O. P. No. 81 of 1956: "notice taken and opposed. The meeting convened for 10. 4. 1956 will stand adjourned to 18. 4. 1956 and be subject to orders in these proceedings". The petitioner before us was the petitioner in both the c. M. P. and the O. P. mentioned above. On 17. 4. 1956 the judge passed the following order: No ground to grant any further relief in this petition. Hence dismissed", and the meeting was held on the date to which it was adjourned, namely on 18. 4. 1956.