MADHAVA PANICKER GOVINDA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was the President of the Kandalloor Panchayat. A motion expressing want of confidence in him was carried at a meeting held on 29-12-1955.

(2.) The notice convening the meeting was posted only on 13-12-1956 and the contention before me is that the proceedings of the meeting held on 29-12-1956 should be considered as of no effect for lack of compliance with the provision of sub-s.(3) of S.40 of the Travancore Cochin Panchayat Act, 1950, to the effect that notice of not less than fifteen clear days of such meeting shall be given to the members of the Panchayat. Sub-s.(3) reads as follows:

(3.) I consider the provision regarding notice of not less than fifteen clear days as directory in character. There is no doubt that there has been substantial compliance with the said provision and as such compliance will suffice, this petition has to be dismissed and is hereby dismissed. (See 1956 KLT 738 and 842 and the judgment in O. P. No. 192 of 1954).