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1993 Supreme(Ker) 166

T.L.VISWANATHA IYER
George C. Kappen – Appellant
Versus
Govt. of Kerala – Respondent


Advocates:
Roy Chacko, for Petitioners; C yriac Joseph AAGL, (for Nos. 1 and 2) for Res­pondents.

ORDER :- The eleven petitioners were members of the Municipal Council of Palai of which the total membership is twenty. They were elected for a five year term expiring on 31st January 1993. But it was extended by a notification Ext. P.1 dated 28th January 1993 for a further period of six months with effect from 1st February 1993. It was a general notification issued under the proviso to Section 8(1) of the Kerala Municipalities Act 1960 (14 of 1961) extending the term of office of the elected Councilors of all the munici­palities in the State for a further period of six months from 1st February 1993. Similar notification was issued in relation to Council­ors of Municipal Corporations as well as seen from Ext. P. 1.

2. Section 8 of the Act deals with the term of Councilors, and the filling up of seats. Sub-Section (1) which is relevant provides that the term of office of Councilors shall, save as otherwise expressly provided, be five years commencing from such date as the Government may, by notification in the Gazette appoint. This Section was amended by Ordinance I of 1993 by adding a proviso to the effect that Government may, by notifi­cation in the Gazette, extend or reduce the sa

























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