M.MADHAVAN NAIR
MUHAMMED LUBBA – Appellant
Versus
NEELAMBARAN – Respondent
1. The petitioner had to pay a sum of Rs. 2,532 as per his bidding at an auction of the right to collect fees of the vegetable market in the Thodupuzha Panchayat, for the year 1959-60. Out of that sum a balance of Rs. 998 remains due to the Panchayat in spite of several demands made. The Executive Officer of the Panchayat, finding recovery by distraint impracticable in his case, prosecuted him under S, 74 of the Kerala Panchayats Act, 1960, read with R.26 of the Kerala Panchayats (Taxation and Appeal) Rules, 1963, and the rule dated 7th November 1962 for recovery of costs, damages etc. by Panchayats. He has been convicted and fined Rs. 50 by the Sub-Magistrate, Thodupuzha, and been directed to pay the arrears also. On appeal, the conviction and sentence have been affirmed by the District Magistrate, Ernakulam. Hence this motion for revision.
2. When the case was heard on October 18, counsel for the petitioner relied on Art.20 of the Constitution and pleaded that at the time when the bid amount fell due, its non-payment did not constitute an offence and therefore under an ex post facto law, which made non-payment of dues to a Panchayat an offence, the petitioner cannot be
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