Supreme Court of India · 1968-11-26
K.BRAHMA SURAIAH & ANR. vs LAKSHMINARAYANA
- Citation / case number
- SC 1966/60398
- Court
- Supreme Court of India
- Petitioner
- K.BRAHMA SURAIAH & ANR.
- Respondent
- LAKSHMINARAYANA
- Bench
- GROVER, A.N.
Judgment text excerpt
The Supreme Court held that under Rule 16 of the Mysore Panchayat Secretaries’ Powers and Duties Rules, 1961, only the Secretary of the Panchayat is competent to file a complaint for an offence under Section 220 of the Mysore Village Panchayats and Local Boards Act, 1959. The Court clarified that private individuals cannot file such complaints, as the scheme of the Act supports the view that only the Panchayat, through its Secretary, can initiate proceedings. The High Court's interpretation was deemed incorrect, and the appeal was allowed, affirming the Secretary's exclusive authority to file complaints.