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1960 Supreme(Ker) 175

S.VELU PILLAI
C. M. Kunju Moosa Kunju – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner, the President of a Panchayat, has filed this petition under Art.226 of the Constitution to quash an order Ext. P1 by the 1st respondent, the State of Kerala, rejecting his appeal petition, Ext. P2, directed against an order of the second respondent, the Director of Local Bodies, by which he refused to cancel a resolution passed by the Panchayat on November 2, 1957, accepting a letter of resignation purporting to have been signed by the petitioner. The chief ground on which Ext. P1 was assailed before me was, that in making it, the first respondent had called for a report from the third respondent, the Deputy Director of Local Bodies, and had acted upon it, to the prejudice of the petitioner and without notice to him and that therefore the rules of natural justice have been violated. The first reply to this contention, on behalf of the fourth respondent, the Vice-President of the Panchayat, who had been allowed to function as President, was, that the first respondent had not relied upon the report of the Deputy Director of Local Bodies. This report was forwarded to Government with a covering letter which is referred to as the first paper read in Ext. P





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