SASALA RAMINAIDU Vs. SECRETARY OF STATE FOR INDIA IN COUNCIL, REPRESENTED BY THE COLLECTOR OF VIZAGAPATAM

JUDGEMENT

(1.) The appellant brought the suit out of which this second appeal arises for a declaration that the order of the Sub-Collector, Vizagapatam, dated 16 June, 1926, dismissing him from the hereditary office of village headman of Veeraghattam is ultra vires and illegal. Both the lower Courts dismissed the suit holding that the order of the Sub-Collector was not ultra vires his powers.

(2.) What happened in this case was that there were several complaints against the appellant, none of which was taken serious note of by the authorities. But when complaints persisted to pour in, action was ultimately taken in the year 1926 and the Sub-Collector of the place asked the Tahsildar to hold an inquiry and submit a report. The Tahsildar examined certain witnesses, framed some charges in addition to those that had been framed by the Sub-Collector and called upon the appellant to submit his explanation. He submitted an explanation on the 3rd May, 1926 and the matter was considered by the Sub-Collector who held that the appellant should not remain the : village headman of the place, "The Village Munsif", he says: was warned in December last not to identify himself with the factions in the village ; and it is clear that he has paid no heed to the warning. Matters have no doubt reached a point when he could hardly do so if he wished. But it is quite clear that to have as a Village Munsif a man who is the leader of a party in his village is prejudicial alike to the peace and good order of the village. I therefore dismiss the Village Munsif.

(3.) This order was taken on appeal under Section 23 of Madras Act III of 1895. It was confirmed and a further appeal to the Board of Revenue proved infructuous. The present suit was filed in 1933 for a declaration that the order of the Sub- Collector was ultra vires for the reason that the Sub-Collector did not observe the procedure laid down by the Act before dismissing a village officer.