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1954 Supreme(Ker) 139

M.S.MENON, SUBRAMONIA.IYER
Govindankutty Menon – Appellant
Versus
Balakrishna Marar – Respondent


Judgment :-

1. This petition challenges the election of the first respondent to the Cochin Devaswom Board constituted under the Travancore Cochin Hindu Religious Institutions Act, 1950, (hereinafter referred to as the H.R.I, Act, 1950) on the ground that he was not eligible for election as a member of the Board under S. 66(iii) of that enactment. The first prayer in the petition is:

"to issue a writ of quo warranto calling upon the respondent to furnish information as to the authority under which the respondent is functioning as a member of the Cochin Devaswom Board at present and also to declare that the respondent is not authorised to fill in that office as he has not been legally and properly elected."

2. S. 66(iii) provides that a person shall not be eligible for election if he is an office-holder of a local authority and the 1st respondent was, it is admitted, the Chairman of the Trichur Municipality on 4.6.1954, the date of his nomination and election under the rules in schedule II to the Act and till 12.6.1954 when his resignation by his letter dated 8.6.1954 was accepted by the Municipality. The term "local authority" is defined in S. 2(20) of the Travancore Cochin Interpreta























































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