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1999 Supreme(Ker) 56

P.SHANMUGAM
Jose Augustine – Appellant
Versus
State of Kerala – Respondent


Advocates:
M/s. Benoy Thomas and Paulson Thomas, for Petitioners; V. M. Kurian, Govt. Pleader, for Respondents.

ORDER :-

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 Chairper




























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