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1954 Supreme(Mad) 503

P.V.RAJAMANNAR, RAJAGOPALA AYYANGAR
D. Rajiah – Appellant
Versus
The Inspector of Municipal Councils and Local Boards, Madras – Respondent


Advocates:
R.M. Seshadri for Appellant.
V. Srinivasan for the Special Government Pleader (V.V.Raghavan) on behalf of Respondent.

Rajagopala Iyengar, J.-This is an appeal against the judgment of Rajagopalan, J., dismissing W.P.No.660 of 1954. The appellant was the President of the Kivalur Panchayat Board, Nagapattinam Taluk and was elected to this office in March, 1952. Under section 21 of the Madras Village Panchayats Act X of 1950, he would hold this office for a term of three years. But this was subject to the contingency of his being removed from office under the provisions of section 47 of the said Act. The relevant portions of section 47 which enable this removal to be effected by the Inspector of Municipal Councils and Local Boards run in. these terms:

“47(1): The Inspector may, by notification, and with effect from a date to be specified therein, remove any President or Vice-President who, in his opinion, wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, by-laws, regulations or lawful orders-issued thereunder or abuses the powers vested in him.

(2) The Inspector may, by notification and with effect from a date to be specified therein,, remove any member who, in his opinion, is guilty of any misconduct in the discharge of his duties..

(3) The Inspector shall, when




























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