Panchayat:Repo18/Law Manual Page0235

decision of Grama Panchayat is ultra vires, then writ petition would be maintainable even if there is an alternative remedy. It cannot be said that in order to assume jurisdiction over activities enumerated in Tird Schedule, there has to be a notification under S.235C of the Act. - Onset Developers (M/s.), - Palakkad v. Secretary, Akathethara Grama Panchayat, Palakkad and Another - 2015 (1) KHC 497 : 2015 (1) KLT 668 : 2015 (1) KLJ 798.

In Bhaskaran N. V., Director of Local Fund Audit, Tvm. and Others an illegal resolution passed by Panchayat and the Secretary of the Panchayat instead of reviewing or referring the matter to the Government, gave effect to the resolution. In a question of loss sustained on account of illegal resolution and later proceedings were initiated against the Secretary for recovering the loss, it was held that, if loss is caused, all those who are responsible for the loss are equally liable. Hence, there is no justification in proceeding against the Secretary alone. Authority should have proceeded against all those who were responsible for the loss. - Bhaskaran N. v. Director of Local Fund Audit, Tvm. and Others – 2013 (2) KHC 4.

Administrative Law - Resolution of Panchayat not sent to affected party - Enforceability of - An order becomes an enforceable order only when the same is communicated to the affected party. Unless an order is communicated to the affected party formally, it would not attain the character of an order binding on him.- Antony K.P. and Another v. Chellanam Grama Panchayat and Others - 2009 (3) KHC 331.

Section 5, Section 166, Section 185B - Interference in orders of Secretary - Powers of Panchayat Committee - Since Panchayat Committee is an elected body and is vested with the ultimate power of administration of Panchayat, it has powers to annul actions of Secretary which are without jurisdiction or are against welfare of the Panchayat itself. However, the committee cannot scrutinise every statutory function of the Secretary if he acts within jurisdiction.- Antony K.P. and Another v. Chellanam Grama Panchayat and Others - 2009 (3) KHC 331 : 2009 (2) KLJ 655: 2009 (3) KLT 334. [Municipal Corporation of Delhi v. Quimat Raj Gupta and Others, 2007 KHC 3845 [2007 (7) SCC 309: JT 2007 (9) SC 496: 2007 (4) KLT SN 25 : AIR 2007 SC 2742; (Para 3); Reliance Infocom Ltd. v. Chemanchery Grama Panchayat, 2006 KHC 1492: 2006 (4) KLT 695 : ILR 2006 (4) Ker. 357 : AIR 2007 Ker. 33; (Paras 6, 19); State of W.B. v. M.R. Mondal and Another, 2001 KHC 1660 : 2001 (8) SCC 443 : AIR 2001 SC 3471; (Para 13) Referred to).

183. Exercise of functions of Secretary by other officers in certain cases. The Government, or any authority authorised by Government may, by general or special order, authorise any officer working in the Panchayat to exercise all or any of the functions of the Secretary in his absence.

184. Delegation of functions of Secretary.— The Secretary may, with the permission of the President, delegate by order in writing any of his functions to any officer of the Panchayat, subject to such restrictions and control, as he may, specify.

NOTES

Going by Section 50(2) of the Kerala Municipalities Act, the Secretary of a Municipality is empowered to delegate "any of his functions" to any officer or employee of the Municipality and the officer or employee to whom it is delegated by virtue of Section 50(3) of the Act, shall have all the rights, privileges and authority of the Secretary with respect to such delegated functions and shall like-wise be subject to all liabilities arising out of the exercise of such powers, privileges or authority. In this case, evidently, the power under Sections 447 and 448 of the Kerala Municipality Act have also been delegated and, it is in the said circumstances that the respondents refute the contentions of the petitioner raised on the ground of competence. On the strength of such delegation, an order issued by a Health Officer to close down a workshop becomes valid. - Devis C.J. v. Thrissur Corporation and Others – 2012 (1) KHC 362.

185. Channel of Correspondence.- (1) The President shall have full access to all records of the Panchayats.