V. PERUMAL Vs. STATE OF MADRAS, REPRESENTED BY THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT AND ANR.

JUDGEMENT

(1.) This petition is filed by the President of the Manapparai Town Panchayat for the issue of writ of certiorari calling far the records pertaining to the formation of the Manapparai Municipality and quashing G.O.Ms. No. 2318, Rural Development and Local Administration Department, dated 30th September, 1966.

(2.) The petitioner is the President of the Manapparai Town Panchayat. The strength of the panchayat is 16 members consisting of 15 elected members and one co -opted woman member. The petitioner was elected as the President of the Panchayat on 19th April, 1965 for a period of five years. The Government issued G.O.Ms. No. 1989, dated 12th August, 1966 proposing to constitute the area within the jurisdiction of the Manapparai, Kannudaiyanpatti, Kalingapatti and Usilampatti Panchayats into a Municipality. A notification was also issued under Sec. 4(1)(a) of the Madras District Municipalities Act (V of 1920) declaring the intention of the Government to constitute a Municipality in the name of Manapparai within the jurisdiction of Manapparai, Kannudaiyanpatti, Kalingapatti and Usilampatti Panchayats. It was also notified that any inhabitant of the area desiring to object to the proposal might submit his objections in writing to the Government within six weeks from the date of publication of the notification in the Fort St. George Gazette. Several representations were made regarding the proposal, and the Government by G.O.Ms. No. 2318, Local Administration, dated 30th September 1966 directed that the Municipality be constituted with effect from 1st October, 1966. A notification was appended to the effect that in exercise of the powers conferred by Sub -section (3) of the Sec. 4 of the Madras District Municipalities Act, 1920, the Governor of Madras declared that the local area now within the jurisdiction of the Manapparai, Kannudaiyanpatti, Kalingapatti and Usilampatti panchayats should constitute a municipality with effect from 1st October, 1966. The Notification also specified that from the date of the constitution of the Municipality, the Manapparai Municipality Council shall consist of twenty councilors.

(3.) The validity of this notification is challenged by the petitioner in this writ petitioner on the ground that the constitution of a Municipality by integrating several separate panchayats is beyond the powers conferred on the Government under the Panchayats Act and the District Municipalities Act. It was also contended that the members and the President of the Manapparai Town Panchayat having been elected for a period of five years had vested right and that the Government was not entitled to deprive them of their right by constituting the Municipality. It was alleged that the order was passed in fraud of the powers of the Government and mala fide by siding with a group of the Congress party.