S. MURUGESAN Vs. THE COLLECTOR OF NORTH ARCOT (INSPECTOR OF PANCHAYAT), VELLORE-CUM-ELECTION AUTHORITY AND ORS.

JUDGEMENT

(1.) The Petitioner claims the issuance of a writ of quo warranto, directing Respondents 2 to 14 to exhibit information as to the authority under which they could perform the duties of the members of the Panchayat of Takkolam. The facts giving rise to these proceedings may be briefly narrated. Takkolam is a whole revenue village of North Arcot district, which was constituted as a panchayat in 1917. Under the Madras Village Panchayats Act, 1950, it was classified as a second -class panchayat. After the Act of 1950 came into force, a notification under Sec. 61 of that Act was issued on 22nd December 1952, fixing the strength of the panchayat at eight exclusive of the president, and there was no reserved seat for the Scheduled castes. Subsequently, by a notification, dated 8th March 1958, the then Regional Inspector of Municipal Councils and Local Boards, North Arcot district, fixed the strength of the panchayat at fifteen, and divided the village into five wards, allocating 4, 4, 2, 2, and 3 to Wards Nos. 1, 2, 3, 4 and 5 respectively. It may be mentioned here, that this time also, no reservation was made for Scheduled castes. This notification was considered by the panchayat and approved at its meeting held on 19th March 1958.

(2.) On 1st June 1961, the Collector of North Arcot classified Takkolam as Class 1 panchayat, as required by Sec. 5(1)(a) of Madras Act X of 1950, with effect from 1st April 1961, since the population of that village had increased to 6,105. Meanwhile, Madras Act XXXV of 1958, hereinafter referred to as the Act, which consolidated all the law in relation to local administration, was put on the statute book. In accordance with the scale prescribed under Sec. 10 of this enactment, the strength of the panchayat as also the number of wards was proposed to be fixed at thirteen. Even now, no reservation for the Scheduled Castes was proposed. This proposal was considered and accepted once again by the panchayat at its meeting held on 21st August 1964, the meeting being attended by thirteen, including the Petitioner and the proposal was accepted unanimously. The notification fixing the strength of the panchayat, as also the number of wards, was published in the Fort St. George Gazette Supplement, Part II, dated 9th December 1964. Subsequently, elections were held on 28th January 1965, and Respondents 2 to 12 were declared elected.

(3.) Questioning the validity of these elections, this writ petition has been filed for the relief mentioned above. In support of this petition, three contentions are urged by Sri Sec. Mohan Kumaramangalam ; (i) The panchayat was not validly constituted, as no notification contemplated by Sec. 3 of the Act was issued ; (ii) the non -reservation of seats for the members of the Scheduled caste had nullified the elections ; and (iii) the division of the village into wards by the inspector was without jurisdiction, as no rules prescribing the scale, in accordance with which the division was to be effected, were formulated by the Government and this had rendered all the elections void.