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november 1968

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.

K.BRAHMA SURAIAH & ANR. vs LAKSHMINARAYANA · Niyam