KAKARA SOMESWARA RAO Vs. KALIDINDI RAMAKRISHNA RAJU

JUDGEMENT

(1.) This is a petition for the issue of a Writ of certiorari to quash the proceedings in O.P. No. 41 of 1951. The petitioner was elected a member of the Panchayat Board, Polamur, Tanuku taluk, West Godavari district, in the year 1939 under the provisions of the Madras Local Boards Act (XIV of 1920) and continued to be as such, as there were no fresh elections subsequent to that. He was also elected as Vice-President of the Board in that year. The first respondent herein filed a petition under Section 19(1) of Act X of 1950 (hereinafter referred to as the Act) before the District Munsif of Tanuku alleging that the petitioner ceased to be a member of the Panchayat Board by reason of non-attendance of three consecutive meetings of the Board. That petition was necessitated by the fact that the petitioner disputed the disqualification and the first respondent was directed by the Inspector of Local Boards to agitate the matter before the appropriate judicial authority.

(2.) That petition was contested by the petitioner herein not only by denying the allegations regarding his absence at three consecutive meetings for which he had. notice but also by contending that the District Munsif has no jurisdiction to entertain the petition for the reason that Section 19(1) of the Act had no application to the facts of this case. It was the case of the petitioner that Section 19(1) did not govern this case as the alleged disqualification had not arisen under Act X of 1950. The District Munsif overruling the objections of the petitioner herein decided that he had jurisdiction to go into the matter, and that on merits he found that the petitioner ceased to be a member, as he absented himself from three consecutive meetings held between 13th November, 1950 to 30th January, 1951.

(3.) Being aggrieved by this decision, the petitioner has presented this writ petition. for the reliefs mentioned above.