Govinda Panicker vs State of Kerala and Others

M.S. Menon, J.—The petitioner was the President of the Kandalloor Panchayat. A motion expressing want of confidence in him was carried at a meeting held on 29-12-1956. The notice convening the, meeting was posted only on 13-12-1956 and the contention before me is that the proceedings of the meeting held on 29-12-56 should be considered as of no effect for lack of, compliance with the provision of sub-section (3) of Section 40 of the Travancore-Cochin Panchayat Act, 1950, to the effect that ''''notice of not less than fifteen clear days of such meeting" shall be given to the members of the Panchayat. Sub-section (3) reads as follows:

The Director or any other officer authorized by him in this behalf shall then convene a meeting for the consideration of the motion to be held at the office of the Panchayat at a time appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him. He shall give to the members notice of not less than fifteen clear days of such meeting and of the time appointed therefor.

I consider the provision regarding "notice of not less than fifteen clear days" as directory in character. There is no doubt that there has been substantial compliance with the said provision and as such compliance will suffice this petition has to be dismissed and is hereby dismissed. (see 1956 KLT 738 and 842 and the judgment in O.P. No. 192 of 1954). In the circumstances of the case I make no order as to costs.