P.GOVINDA NAIR, P.JANAKI AMMA
KODIYATHUR PANCHYAT – Appellant
Versus
DISTRICT PANCHAYAT OFFICER, CALICUT – Respondent
1. The Kodiyathur Panchayat in the Kozhikode District was ordered to be bifurcated as per a notification, Ext. P2, issued by the Government of Kerala on 4-6-1975. The above notification was challenged in O.P. No. 2842 of 1975 by a member of the Panchayat on the ground that it contravened the proviso to S.3 (1) of the Kerala Panchayats Act (in short 'the Act'). Under the said proviso, before issuing any notification cancelling an earlier notification constituting a Panchayat, the Government should give a reasonable opportunity to the Panchayat concerned for showing cause against the proposal and should also consider the explanations and objections, if any, of the said Panchayat. This court refused to exercise jurisdiction under Art.226 of the Constitution on the ground that the notification being not a nullity the person affected by it, viz., the Panchayat alone could challenge its validity and a member of the Panchayat had no locus standi to file the petition. The Original Petition was dismissed on 5-12-75. (For more facts and judgment see Mohammed Haji v. Unni Moyi (1976 KLT. 106). In the meanwhile, on 6-11-75 when a meeting of the Panchayat was held, Ext. P3 resolutio
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