Panchayat:Repo18/Law Manual Page0240

(3) If the expenses which the Government may direct under sub-section (2) to be paid from the fund of the Panchayat are not paid as provided in that sub-section, the Government may make an order directing the person having the custody of the said fund to pay it in priority to any other charges against that fund, except charges for the service of authorised loans.

(4) The person referred to in sub-section (3) shall as far as the funds to the credit of the Panchayat admit, be bound to comply with the order made by the Government under that sub-section.

191. Power of cancellation and suspension of resolutions etc.- (1) Government may either suo motu or, on a reference by President, Secretary or a member, or on a petition received from a citizen, cancel or vary a resolution passed or decision taken by the Panchayat if in their opinion such decision or resolution.

(a) is not legally passed or taken; or

(b) is in excess of the powers conferred by this Act or any other law or its abuse; or

(c) is likely to endanger human life, health, public safety, communal harmony or may lead to riot or quarrel; or

(d) is in violation of the directions or provisions of grant issued by Government in the matter of implementing the plans, schemes or programmes.

(2) Before cancelling or amending a resolution or decision as per sub-section (1), the Government may refer the matter for consideration either of the Ombudsman constituted under Section 271G or the Tribunal constituted under Section 271 and the Ombudsman or the Tribunal, as the case may be, after giving the Panchayat an opportunity of being heard, send a report to the Government with its conclusions and the Government may, on its basis cancel, amend or confirm the resolution or decision.

(3) If another remedy is available to the petitioner through the Tribunal under Section 276, the Government shall not consider any petition for cancelling or amending any resolution or decision of the Panchayat.

(4) If Government, consider that a resolution or decision of the Panchayat has to be cancelled or amended as per sub-section (1) it may suspend such resolution or decision temporarily and may direct the Panchayat to defer its implementation till the final disposal after the completion of the procedure under sub-section (2).] .

NOTES

In Jecco E. G. and Another V. Thrissur Municipal Corporation, certain amount of licence fee was fixed as per resolution of Municipal Council. Later it was cancelled and the licence fee was enhanced. In this case it was held that when a public authority whether elected or otherwise is invested with power under a Statute to do an act in a particular manner, that public authority is bound to act within the scope