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V.E. Rajahbhaday Mudaliar Vs. A.M. Visvanatha Reddi and anr. - Court Judgment

LegalCrystal Citation
SubjectElection
CourtChennai
Decided On
Reported inAIR1924Mad515; (1923)45MLJ543
AppellantV.E. Rajahbhaday Mudaliar
RespondentA.M. Visvanatha Reddi and anr.
Excerpt:
- 1. madras act ii of 1922 declares that no person elected as a member of a local board shall take his seat till he has made an oath of allegiance. until each member takes his seat no business can be transacted. the election of a president is the first business to be transacted at the first meeting of the board. (vide rule 15 of schedule x of madras act xiv of 1920). it follows that the election of a president by persons who had not taken the oath was invalid. the lower court was right. the civil revision petition is dismissed with costs.
Judgment:

1. Madras Act II of 1922 declares that no person elected as a member of a local board shall take his seat till he has made an oath of allegiance. Until each member takes his seat no business can be transacted. The election of a President is the first business to be transacted at the first meeting of the Board. (Vide Rule 15 of Schedule X of Madras Act XIV of 1920). It follows that the election of a President by persons who had not taken the oath was invalid. The lower Court was right. The Civil Revision Petition is dismissed with costs.


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