The inherent power of a Panchayat to modify its resolutions is upheld, and procedural rules do not constrain its authority, especially regarding non-statutory committees.

1. The petitioner is an elected member of the 1 respondent Panchayat. In the meeting held on 5.2.2021, the petitioner was elected as the Vice Chairman of the Planning Committee of the Panchayat. The copy of the resolution has been produced as Exhibit P1 in the writ petition. On 24.5.2021, the Panchayat passed Ext.P3 resolution, whereby it was decided to remove the petitioner from the post of Vice Chairman of the Planning Committee. The decision was informed to the petitioner by Ext.P2 notice dated 25.5.2021. The petitioner has challenged the above resolution in this writ petition.

2. Heard.

3. The Counsel for the petitioner relies on R.11 and R.13 of the Kerala Panchayat Raj (Procedure for Panchayat Meeting) Rules, 1995 (hereinafter referred to as Rules). R.11 and relevant portions of R.13 are extracted below.
"R.11. Cancellation or modification of resolutions. - No resolution of a Panchayat shall be modified or cancelled except through a resolution passed in a meeting specially convened for the purpose within three months of passing such resolution, by a two third majority of the total number of members of the Panchayat.
Provided that where the Panchayat is satisfied that a decision or resolution passed by the Panchayat has not been passed in accordance with law or it has been passed in violation of any of the powers conferred on the Panchayat by the Act or abuse thereof or that, if implemented, it may endanger human life, health or public safety, the Panchayat may, at any time with the approval of more than one half of the total number of members of the Panchayat, amend or repeal such decision or resolution."
R.13. Procedure for moving resolutions at Panchayat meeting. - (1) A member who intends to move a resolution shall give seven clear days notice of such intention in writing to the President along with a copy of the resolution:
Provided that the President may include a resolution in the list of business with a shorter notice than seven days.
(2) No member shall move more than one resolution.
(3) The President shall examine all the resolutions and shall have power to disallow any resolution which in his opinion does not comply with the conditions laid down in sub rule (4).
(4) A resolution in order to be admissible shall comply with the following condition namely: -
(a) It shall relate to matters coming within the administrative power of the Panchayat;
(b) It shall be clearly and precisely worded;
(c) It shall relate to a single matter;
(d) It shall not contain arguments, hypothetical inferences, ironical expressions or defamatory statements;
(e) It shall not refer to the conduct or character of a person except that in his official or public capacity;
(f) It shall not refer or relate to a matter which is under adjudication by a Court of law. xxxxxxxx xxxxxxxx xxxxxxxx xxxxxxxx

4. The contention is that, the resolution which is already passed can be modified or cancelled only in a meeting specifically convened for the said purpose within three months of passing such resolution, supported by not less than half of the total sanctioned number of members of the Panchayat. It is further submitted that as per R.13, a member who intends to move a resolution shall give 7 clear days notice of such intention. According to the Counsel, the above procedure was not followed while removing the petitioner from the post of Vice Chairman of Planning Committee.

5. The respondents rely on the decision of this Court in Thrissur Municipal Corporation v. E. G. Jecco alias Jecco George and Others reported in [2018 (5) KHC 114 : (AIR 2019 Ker 1)]. In the said decision, this Court considered a similar provision contained in R.13 of the Municipality (Procedure for Meeting of Council) Rules, 1995, and held that the power to modify