The democratic nature of the Panchayath system allows for the expression of no confidence in the President or Vice-President, and the provisions of Section 157 of the Act are not inconsistent with the Constitutional provisions.

This Original Petition challenges the vires of Section 157 (dealing with no confidence motion ) of the Kerala Panchayath Raj Act, hereinafter referred to as 'the Act', and the consequential notices and proceedings taken.

2. The petitioners are elected members of Kalloorkad Village Panchayath. The 1st petitioner is the Vice-President of the Panchayath and the 2nd petitioner is the Standing Committee Chairman of the Panchayath. The total strength of the Panchayath is 8. A notice under Section 157(2) of the Act was received by the Deputy Director of Panchayats, the 3rd respondent herein on 12-1-1999. In pursuance to the said notice the Deputy Director has convened the meeting of the elected members of the Panchayath on 29-1-1999 to consider the no confidence motion as per Sections 157(3) and 157(5) of the Act. At this stage this Original Petition is presented inter alia contending that the removal of a Chairperson once elected is not contemplated under the Constitutional Scheme in Part IX of the Constitution. Article 243C(5) of the Constitution provides for the election of the Chairperson of the Panchayath.

According to the Constitutional Scheme, a member including the Chairperson cannot be removed unless he is disqualified. He should be allowed to continue till the expiration of his term of the member of the Panchayath provided he is not disqualified. It is further argued that a non-member of the Panchayath, i.e. the Deputy Director of Panchayath, cannot be authorised to preside over and to decide on the motion. That would be arbitrary and violative of Articles 243D and 243C(4) of the Constitution. It is further submitted that the motion is said to be moved without giving particulars of the motion and copies of letters said to have been sent expressing no confidence motion. This violates principles of natural justice. Lastly it is submitted that respondents 6 and 7 have suffered disqualification under the Anti Defection Ordinance and that the matter is pending before the Election Commission. Hence the meetings proposed should be postponed till the disposal of the petition pending before the 5th respondent. In support of his contention learned counsel referred to the decision of the Full Bench of this Court in Bar Council of Kerala v. Thankappan Pillai, 1985 Ker LT 986 : (AIR 1986 Ker 144).

3. I have heard the counsel and considered the matter carefully.

4. The previous Act, viz. The Kerala Panchayats Act, 1960, also contained a similar provision to that of Section 157 of the Act. Section 54 of the old Act is substantially incorporated under the new Act. This Act was preceded by the Madras Village Panchayats Act, 1950. The 1960 Act was a consolidated Act to give effect to Article 40 of the Constitution of India to enable the Panchayath to function as units of self-Government. The present Act of 1994 replaced the old Act and the preamble of the Act states that it is intended to establish a three-tier Panchayat Raj System in the State in line with the Constitution (Seventy-third Amendment) Act, 1992, for securing a greater measure of participation of the people in planned development and in local Governmental affairs, by constituting village, block and district panchayats. The Panchayat is to function as institutions of self-Government. They are entrusted with powers of preparation of plans and implementation of schemes for economic development and social justice. The statement of objects and reasons for the new Act provides inter alia for fixing tenure of five years of Panchayaths and holding elections within a period of six months in the event of supersession of Panchayaths, disqualification of members of Panchayats, devolution by the State Legislature of powers and responsibilities upon the Panchayaths.

5. By the enactment of the new Act the people of the Panchayath are given a greater measure of participation in planned development and in local governmental affairs. However, the institution of the Panchayath and its electio