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1972 Supreme(Mad) 251

K.VEERASWAMI, RAGHAVAN
Revenue Divisional Officer – Appellant
Versus
V. K. Ramanathan – Respondent


Advocates:
Govt. Pleader, for Appellants; R. Venkataraman, for Respondents.

Judgement

K. VEERASWAMI, C.J. :- Eramaipatti Panchayat Union Council consists of 29 members, of whom 25 are members by reason of their being presidents of Panchayats and the remaining four have been co-opted. This is in accordance with the proviso to Sub-Section (1) of Section 12 of the Tamil Nadu Panchayats Act, 1958. On 5-5-1966, the State Government, by G. O. No. 1164, Rural Development and Local Administration, in purported exercise of their power under Section 155(1)(a), dissolved the Panchayat Union Council with effect from that date and, directed that it would be reconstituted in terms of Sub-Section (3) of that section with effect from 5-5-1967. On 13-5-1967, the Revenue Divisional Officer, who had acted as Special Officer in the interregnum, issued notices for the purpose of electing a Chairman. One of the co-opted members of the erstwhile Panchayat. Union Council filed petitions on 25-5-1967 under Article 226 of the Constitution for prohibition preventing the Revenue Divisional Officer from holding a meeting for the purpose of electing a Chairman and for a direction to the Revenue Divisional Officer that he should permit the erstwhile co-opted members to participate in any


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