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V.E. Rajahbather Mudaljar Vs. A.M. Viswanadha Reddi and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in75Ind.Cas.620
AppellantV.E. Rajahbather Mudaljar
RespondentA.M. Viswanadha Reddi and anr.
Excerpt:
madras district municipalities and local boards (amendment) act (ii of 1922) - madras local boards act (xiv of 1920)--election of pre sident of taluk board--members without oath of allegiance---legality. - 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. (vtde section 15 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 tivil 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. (Vtde Section 15 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 tivil revision petition is dismissed with costs.


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