Panchayat:Repo18/Law Manual Page0093

appointment of Judges in the Supreme Court and High Court and transfer of Judges/Chief Justices of High Courts. The dictum laid down by the Madras High Court in R. Pushpam and Another v. State of Madras, AIR 1953 Madras 392 while considering the scope of the term "after consulting the Municipal Council" under the Madras District Municipalities Act, 1920, was approvingly referred to in para 124 of the judgment. It is evident that a formal compliance of the provision regarding consultation is not that is indicated in the provision. It was held that "the form is not material but the substance is important. It is necessary that the consultation shall be directed to the essential points and to the core of the subject involved in the discussions." These are important principles to be applied while considering the sufficiency of the consultation initiated by the Government herein also. The exercise done does not satisfy the principles laid down by the Apex Court in Pradhan Sangh Kshettra Samiti's case, and there is total non application of mind to the relevant circumstances and total absence of materials also in support of the proposal as well as the final notification. The consultation initiated by forwarding the proposal, cannot be said to be sufficient and meaningful and therefore the final notification is clearly vitiated. – Saji Joseph v. State of Kerala - 2010 (3) KHC 617. (Ajit v. State of Kerala 2007 (2) KHC 893. [2007 (2) KLT 1044 : ILR 2007 (2) Ker. 751 : 2007 (2) KLJ 472; (Para 17); Anil Kumar v. State of Keala, 2005 KHC 918: 2005 (3) KLT 355 : ILR 2005 (3) Ker. 265: (Paras 7, 10, 12); Canara Bank and Others v. Debasis Das and Others, 2003 KHC 1398: 2003 (4) SCC 557 : 2003 (3) KLT SN 146: AIR 2003 SC 2041 (Para 31); R. Pushpam and Another v. State of Madras. AIR 1953 Madras 392. (Para 18); State of Maharashtra and Others V. Jalgaon Municipal Council and Others, 2003 KHC 1688: 2003 (9) SCC 731 : AIR 2003 SC 1659 : JT 2003 (5) SC 509; (Para 14); State of U.P and Others v. Pradhan Sangh Kshettra Samithi and Others, 1995 KHC 605 : 1995 Supp. (2) SCC 305 : AIR 1995 SC 1512; (Para 27, 31, 34, 35, 36); Supreme Court Advocates-on-Record Association and Others v. Union of India, 1993 KHC 996 : 1993(4) SCC 441 : AIR 1994 SC 268; (Para 18) Referred to] A proposal for bifurcation of Panchayat has to be placed before the panchayat, in its committee for consideration. The President alone cannot put forward any proposal. The use of the conjunction and' in S.4(2) of the Act, makes it abundantly clear that consultation with the panchayat and previous publication of the proposal are necessary before a decision to diminish the area of a panchayat is taken by the Government, on its proposal. - Anil Kumar v. State of Kerala - 2005 (3) KLT 355.

5. Incorporation and administration of Panchayats.-

(1) Every Panchayat shall be a body corporate by the name of the Panchayat specified in the notification issued under Section 4, shall have perpetual succession and a common seal, and shall, subject to any restriction or qualification imposed by or under this Act or any other law, be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted.

(2) A District Panchayat, a Block Panchayat and a Village Panchayat shall exercise such powers, perform such functions and duties and shall have such responsibilities and authorities as are provided by or under this Act or any other law for the time being in force. NOTES A Panchayat is competent to file an original petition under Art.226 when any of its legal right is infringed by the authorities including the Government – Constitution of India, Art.226 – Karunagappally Grama Panchayat v. State of Kerala - 1996 (1) KLT 419 : 1996 (1) KLJ 331 : ILR 1996 (2) Ker.522.

6. Strength of Panchayats.- (1) The total number of seats in a Village Panchayat, a Block Panchayat and a District Panchayat to be filled by direct election shall be notified by the Government in accordance with the scale specified in sub-section (3) with reference to the population of the territorial area of the Panchayat concerned.

(2) The Government may after, publication of the relevant figures of each census, by notification alter the total number of seats in a Panchayat notified under sub-section (1) subject to the scale specified in sub-section (3).