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1958 Supreme(Kar) 53

A.R.SOMNATH IYER, IQBAL HUSAIN
S. I. MUMTAZ YAKOOB SHAH MIAN – Appellant
Versus
STATE OF MYSORE – Respondent


Somnath Iyer, J.

( 1 ) THIS Writ Petition and its companion writ petition W. P. No. 156/58 raise the same question. The material facts relating to W. P, 153/58 are these:

( 2 ) THE petitioner in this writ petition was a councillor of the Channapatna Town Municipal council. On 19-4-1957, a notice purporting to have been issued under the provisions of sub-section (2) (d) or Section 14 of the Mysore Town Municipalities Act, 1951, was sent to the petitioner under the signature of the President of the Town Municipal Council of Channa-patna. By that notice, the petitioner was informed that if he failed to pay, within the period mentioned in that notice, the arrears of taxes due by him to the Municipal Council, he would incur the disability provided by Sub-section (2) (d) of Section 14 of the Act.

( 3 ) IT is not disputed that the petitioner failed to pay the arrears so demanded of him, consequent on which an order was made by the Government, under the provisions of Sub-section (2) (d) of section 14 of the Act, on 10-1-1958, declaring that the petitioner had become disabled from continuing to be a, councillor of that Municipal Council A copy of that order made by the government was comm




























































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