The main legal point established in the judgment is that the validity of a resolution for the extension of the Act depends on compliance with procedural rules, and the Act only requires a resolution from the local authority for the extension of its provisions.

When C.M.P. No. 12041/1990 came up for orders learned counsel appearing on either side wanted the Original Petition itself heard and disposed of. Accordingly, I heard them in detail. I am disposing of the Original Petition.

2. Government by Ext.P4 order, G.O.(MS) No. 32/90 dated 25-6-1990 extended the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965 hereinafter referred to as 'the Act' to the Arakulam Panchayat area in Idukki District with effect from the date of publication of the notification. Petitioner challenges the notification on the ground that Resolution No.13 stated to have been passed by the Arakulam Panchayat requesting for the extension of the provisions of the Act to the area covered by the Panchayat was not one validly passed. Reliance has been made to Rules 4 (1) and 5 of the Kerala Panchayats (Proceedings of Panchayat Meetings and Committees) Rules, 1962, hereinafter referred to as 'the Rules'. As per Rule 4(1) no meeting shall be held unless notice of the day and time when the meeting is to be held and the business to be transacted there-atlas been given at least 3 clear days before the date of the meeting. It means that the business to be transacted in a particular meeting should have been fixed earlier and its notice should have been given to the members at least three clear days before the date of the meeting. As per Rule 5 the agenda of the meeting should be prepared by the Executive Authority in consultation with the President and all items proposed to be considered in the meeting should be included in the agenda.

3. The agenda of the meeting of the Panchayat held on 21-2-1989 did not make mention of the resolution requesting the Government for extending the provisions of the Act to its area. Since the agenda was silent on this aspect the members were not given three clear days notice as contemplated by R.4 (1) of the Rules. According to the petitioner, the absence of the agenda and three clear days notice to the members has vitiated the action taken by the Panchayat. The resolution which was *passed without agenda, according to counsel, must be taken as invalid. On the basis of such an invalid resolution the Government should not have extended the Act to the Arakulam Panchayat.

4. Provision to S.11(3) of the Artist he effect that a notification extending the provisions of the Act should be issued only if it is supported by a resolution passed by the local authority of the area affected by the notification. Therefore, the validity of Ext.P4 Government order depends on the validity or otherwise of resolution No. 13 passed on 21-2-1989 by the Arakulam Panchayat. It is common case that the Panchayat consists of 10 members. It is also agreed that all the 10 members attended to the jetting heldon21-2-1989in which resolution No. 13 was passed. It is also agreed that the agenda of the meeting held on 21-2-1989 did not specifically mention the subject of the resolution. So, there was no notice of the said business of three clear days as mentioned in R.4(1) of the Rules. Since the entire body corporate, viz., all the 10 members of the Panchayat were present at the meeting can resolution No. 13 passed by it be quashed on the ground of violation of R.4(1) of the Rules? Same issue came up for consideration before this court in Kodiyathur Panchayat v. District Panchayat Officer, Calicut (1977 KLT 80). A Bench of this Court observed:

"Under the general law relating to meetings no business of an important nature is to be taken up at a meeting of a council or a committee unless notice is given in respect of it to all the concerned members. In other words, notice of meetings should specify the business to be transacted. "When notice is given that particular business will be transacted at a meeting, no other business can be embarked upon at that meeting unless the whole body corporate is present and consents".

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It follows that a resolution passed on a subject not included in the ag