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S. Sivaswamy Vs. Inspector of Panchayats and Local Boards, Being the District Collector and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Reported in(1964)1MLJ402
AppellantS. Sivaswamy
Respondentinspector of Panchayats and Local Boards, Being the District Collector and anr.
Excerpt:
- .....to the learned counsel for the petitioner, these eight were the members who did not attend the earlier meeting. at this meeting, it is stated, there was a valid resolution that was passed rescinding the earlier resolution whereby the panchayat approved the proposal of the inspector to remove the president. it is in these circumstances that the petitioner has approached this court with a petition under article 226 praying for the issue of certiorari to quash the notification issued by the inspector, on the ground that the decision of the panchayat which authorised the issue of that notification had been validly rescinded by the subsequent resolution of the panchayat.2. on behalf of the inspector and the tahsildar, the respondents to the petition, it is stated that there had been a.....
Judgment:
ORDER

K. Srinivasan, J.

1. The petitioner is the President of the Koothanur Panchayat. Under Section 150(1) of Madras Act (XXXV of 1958), the Inspector issued a notice to the President calling upon him to offer his explanation in respect of certain acts of omission and commission mentioned in the notice. An explanation was duly submitted. Thereafter, proceedings were started under the succeeding Sub-section of Section 150. A meeting was convened by the Tahsildar, and the proposal for the removal of the President was brought up for the consideration of the Panchayat. Out of the total strength of 15 members of the Panchayat, seven attended the meeting. The petitioner did not attend. These seven members passed a resolution accepting the proposal of the Inspector to remove the President. That was followed by a notification issued by the Inspector removing the President from office. According to the petitioner, he too issued a notice on 31st August, 1961, convening a meeting of the Panchayat on 11th September, 1961. That meeting was held on the scheduled date. This meeting was attended by eight members of the Panchayat. According to the learned Counsel for the petitioner, these eight were the members who did not attend the earlier meeting. At this meeting, it is stated, there was a valid resolution that was passed rescinding the earlier resolution whereby the Panchayat approved the proposal of the Inspector to remove the President. It is in these circumstances that the petitioner has approached this Court with a petition under Article 226 praying for the issue of certiorari to quash the notification issued by the Inspector, on the ground that the decision of the Panchayat which authorised the issue of that notification had been validly rescinded by the subsequent resolution of the Panchayat.

2. On behalf of the Inspector and the Tahsildar, the respondents to the petition, it is stated that there had been a valid resolution passed by the Panchayat at the meeting convened in accordance with the provisions of Section 150, and that the decision of the Panchayat reached on that occasion has to be given effect to by the Inspector by the issue of a notification under Sub-section (12) of that section. It is claimed that the validity and the legality of the proceedings cannot be questioned by the petitioner. With regard to the meeting held on nth September, 1961, it is stated that the petitioner had no authority to convene that meeting for the purpose of cancelling the earlier resolution.

3. It seems to me that the contention of the respondents have to prevail. Mr. Sankaran for the petitioner relies upon the rules relating to the proceedings of the Panchayat. According to him under Rule 4 the President shall, on requisition, convene a meeting of the Panchayat and at such a meeting, it is open to the Panchayat to pass a resolution rescinding an earlier resolution. Rule 9 reads:

No resolution of a panchayat shall be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution of a panchayat supported by not less than one-half of the sanctioned number of members

It is contended that this rule enables the panchayat to cancel its own earlier resolution.

4. It seems to me that the proceedings under Section 150 of the Act are totally different from a normal resolution passed by a panchayat as part of its ordinary business. The meeting of a Panchayat for carrying out of the business of the Panchayat is presided over by the President or in his absence the Vice-President or by someone else of the members who are present at the meeting convened. In the present case, it was a resolution that was passed on a proposal put forward by the Inspector, the meeting itself having been convened by that authority through the Tahsildar. Under the Statute, it is necessary that the Tahsildar should preside at the meeting so convened. The section is specific that no other person shall preside thereat. Section 150 is self-contained in this regard, and the entirety of the procedure relating to such a meeting is covered by the various Sub-sections of the section. It is clear, therefore, that it was not a normal business meeting of the Panchayat, that is contemplated by Section 150, and the decision of the Panchayat under Section 150(11) is not a resolution of the Panchayat which is liable to be modified at a subsequent meeting. That particular proposal which led to the decision of the Panchayat cannot form part of the business of the Panchayat, which the President can, by convening a special meeting, cancel or modify. On the terms of the section, I am of the opinion that these rules that are relied upon by Mr. Sankaran cannot apply, and that the Panchayat has no jurisdiction to cancel the decision reached under Section 150(11) of the Act.

5. The petition fails and is dismissed. There will be no order as to costs.


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