S V NARAYANASWAMI AND ANR Vs. STATE OF MADRAS REPRESENTED BY INSPECTOR OF LOCAL BOARDS AND MUNICIPAL COUNCILS AND ORS

JUDGEMENT

(1.) These two Writ Petitions raise questions relating to the proper election of Chairman of Panchayat Union Council for which the answer depends upon the interpretation of the relevant provisions of Madras Acts XXXV of 1958 and XVII of 1960, hereinafter referred to as the Acts. They can conveniently be disposed of by a common judgment, but it must be mentioned that the points that arise for determination are not identically the same in both the petitions.

(2.) The facts giving rise to W.P. No. 1206 of 1961 are as follows. The Government of Madras issued directions by G.O. Ms. No. 1447, L.A., dated 5th October, 1960, that in the area of the revenue village of Thamaraikulam there should be three Panchayats : (i) Thamaraikulam; (ii) Lakshmipuram and (iii) not named. On 22nd October, 1960, the Government made a modification and directed that there should be bifurcation of the Lakshmipuram Panchayat into two Panchayats, one named Lakshmipuram Panchayat, and the other named Saruthipatti. The net result was the Government decided to constitute four Panchayats in respect of that area. (1) Thamaraikulam; (2) Lakshmipuram; (3) Saruthipatti and (4) name not given. Three residents of Lakshmipuram Panchayat have filed a Writ Petition in this Court, W.P. No. 1271 of 1960 objecting to the bifurcation and division of the Lakshmipuram area into two Panchayats. These residents . have challenged the order of the Government dated 22nd October, 1960 modifying its previous order dated 5th October, 1960. The holding of elections for these two Panchayats has been stayed by orders of this Court.

(3.) By G.O., Ms. No. 1050, R.D. & L.A., dated 12th April, 1961 the Government declared certain local areas to be a Panchayat development block for the purpose of National Extension Service Scheme of Community Development and further declared the Panchayat Development Blocks to be Panchayats Unions. This was done by the Government in exercise of its powers under Section 7 of Madras Act XXXV of 1958. (Panchayat Union will hereinafter be referred to as the Union). One such Union so declared is Tenkarai. One of the revenue villages included in this Tenkarai Union is Thamaraikulam. In all, this Union consists of 15 revenue villages. 21 Panchayats have been constituted out of these 15 villages. By G.O. Ms. No. 2548, dated 22nd September, 1961, the Government, in exercise of its powers under Section 11 (1) of Madras Act XXXV of 1958 notified that the Council of the Tenkarai Union shall be constituted with effect on and from 2nd October, 1961. Under Madras Act XVII of 1960 a Council constituted for the first time shall consist of the Presidents of the Panchayats in the Union. A meeting for the election of the Chairman of the Tenkarai Council was duly convened to be held on 25th October, 1961, by the Revenue Divisional Officer, Usilampatti. The petitioners are residents of Lakshmipuram Panchayat. They pray for the issue of a writ of mandamus, or other appropriate writ under Article 226 of the Constitution to forbear the respondents, the State of Madras, the Divisional Panchayat Officer, Madurai and the Revenue Divisional Officer, Usilampatti, from holding the election of the Chairman of the Tenkarai Council, till the four Panchayats in the area of the Thamaraikulam revenue village begin to function with duly elected Presidents. Subsequent to the filing of this Writ Petition (W.P. No. 1206 of 1961) the President of the Tenkarai Panchayat has been impleaded as the 4th respondent on his own motion.