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2002 Supreme(Ker) 752

K.BALAKRISHNAN NAIR
Joseph Varghese – Appellant
Versus
B. D. O. Ranni – Respondent


Judgment :-

1. The petitioner is the present President of the third respondent Grama Panchayat. He is facing a No Confidence Motion. The notice regarding the intention to move the No Confidence Motion has been served on the authorised officer by the required number of Members of the Panchayat. Therefore, the said Officer has issued Ext. P1 notice dated 3.12.2002 proposing to convene the meeting. The said notice was despatched on 4.12.2002. It was received by the members on 7.12.2002. The meeting to consider the motion is scheduled to be held on 12.12.2002. The petitioner submits that there is only five clear days between the date of receipt of the notice and the date of meeting. Therefore, according to him, the meeting is convened in violation of S.157(4) of the Kerala Panchayat Raj Act. The said Section reads as follows:

"157(4) The Officer referred to in sub-s. (2) shall send by registered post to the elected members of the Panchayat concerned notice of not less than seven clear days of any meeting held under this section and the time appointed therefore. Notice regarding this shall be affixed in the office of the Panchayat."

2. Sub-ss. (3) and (4) are relevant for the purpose of t

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