K. NARASIMHIAH versus H. C. SINGRI GOWDA

K. NARASIMHIAH versus H. C. SINGRI GOWDA

The requirement of three clear days' notice for special general meetings under s.27(3) of the Mysore Town Municipalities Act, 1951 is directory and not mandatory; failure to strictly serve such notice does not invalidate the meeting or the resolution if proceedings are not prejudicially affected. In the present case, as nineteen of the twenty councillors attended and the majority voted in favour, the proceedings were not prejudicially affected.

Parties
Appellant: K. Narasimhiah; Respondent: H.C. Singri Gowda
Jurisdiction
India
Judgment Date
01 April 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated December 6, 1963 of the Mysore High Court in Writ Petition No. 2273 of 1963
Outcome
Appeal dismissed.
Legal Topics
No Confidence Resolution, Service of Notice, Validity of Municipal Proceedings, Statutory Interpretation
Local Government Law Municipal Law No Confidence Resolution Service of Notice Validity of Municipal Proceedings Statutory Interpretation

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Parties

K. Narasimhiah

Appellant

H.C. Singri Gowda

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated December 6, 1963 of the Mysore High Court in Writ Petition No. 2273 of 1963

Legal Issues

  1. 1 Whether the requirement of three clear days' notice under s.27(3) of the Mysore Town Municipalities Act, 1951 for holding a special general meeting is mandatory or directory
  2. 2 Whether the failure to give such notice affects the validity of a no confidence resolution against the President
  3. 3 Whether s.24(1)(a) was contravened by not allowing the President to preside

Ratio Decidendi

The requirement of three clear days' notice for special general meetings under s.27(3) of the Mysore Town Municipalities Act, 1951 is directory and not mandatory; failure to strictly serve such notice does not invalidate the meeting or the resolution if proceedings are not prejudicially affected. In the present case, as nineteen of the twenty councillors attended and the majority voted in favour, the proceedings were not prejudicially affected.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed with costs.