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1976 Supreme(Ker) 229

K.K.NARENDRAN
Kodiyathur Panchayat – Appellant
Versus
District Panchayat Officer Calicut – Respondent


JUDGMENT

K.K. Narendran, J.

1. In this original petition the petitioner-Panchayat represented by its Vice-President, questions Ext. P-2 notifications issued by the 3rd respondent-State bifurcating the Kodiyathur Panchayat into the Kodiyathur Panchayat and Karassery Panchayat. By Notification No. 1 the 3rd respondent cancelled the Notification dated 28th December 1961 constituting the Kodiyathur Panchayat under section 3(1) (d) of the Kerala Panchayats Act, 32 of 1960, for short the Act. By Notification No. 2, the 3rd respondent constituted the Kodiyathur and Karassery Panchayat specifying the areas comprised therein under section 3 (1) (a) of the Act. By Notification No. 3, the 3rd respondent appointed the Administrative Committees for the two newly constituted Panchayats under section 13 (1) (a) of the Act. The questions that arise for consideration in this original petition are: (1) whether before bifurcating a Panchayat under section 3 (1) of the Act, the State Government is bound to give an opportunity to the Panchayat for showing cause against the proposal even in a case where the Panchayat has, by a resolution, requested the State to bifurcate the Panchayat and (2) whether Ext.

























































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