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1963 Supreme(Mad) 13

S.RAMACHANDRA.IYER, K.S.VENKATARAMAN
K. Kuppuswami – Appellant
Versus
The Council of the Corporation of Madras, represented by the Mayor, Madras – Respondent


Advocates:
The Advocate-General (V.K. Thiruvenkatachari) for V.P. Raman and N.R. Chandran, for Appellant.
P.R. Gokulakrishnan, S. Jayakumar and T. Chengalvarayan, for Respondents.

Ramachandra Ayyar, C.J. -

The appellant, a Councillor of the Corporation of Madras, applied to this Court under Article 226 of the Constitution for the issue of a writ of prohibition forbidding the Council of the Corporation of Madras from considering at its meeting to be held on 15th November, 1962, or at any subsequent meeting, the subject relating to the restoration of eight members of the Corporation who had lost their office by failing to attend the meeting of the Council for three consecutive months. That application has been rejected by Veeraswami, J., and the correctness of that decision forms the subject-matter of this appeal.

Under rule 2 of Schedule II of the Madras City Municipal Act, 1919, the Council of the Corporation of Madras, in whom the Municipal government of the city is vested, is required to meet in the municipal office for the transaction of business at least once in every month. By virtue of the powers vested in the Council under section 31 of the Act, Regulations have been made regarding the proceedings of the Council. Rule 9 of the Regulations prescribes that at least two ordinary meetings of the Council shall be ordinarily held on the first and third Tuesd


























































































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