Supreme Court of India · 1968-04-18
K. M. KANAVI vs THE STATE OF MYSORE
- Citation / case number
- SC 1965/315
- Court
- Supreme Court of India
- Petitioner
- K. M. KANAVI
- Respondent
- THE STATE OF MYSORE
- Bench
- BHARGAVA, VISHISHTHA
Judgment text excerpt
The Supreme Court held that under Section 23A(3) of the Bombay Municipal Boroughs Act, 1925, a retiring President must comply with a State Government directive to hand over charge, and prosecution for non-compliance must be initiated as per Section 200(1) by the Standing Committee or Chief Officer. The Court found that the appellant's conviction was invalid as it was based on a complaint from the newly elected President rather than the required authorities. Consequently, the conviction was set aside, emphasizing the mandatory nature of the procedure outlined in Section 200(1).