Panchayat:Repo18/Law Manual Page0209

that too provided, the resolution is passed with 2/3 majority in support of such resolution. - Valanchery Grama Panchayat v. State of Kerala and Another - 2010 (1) KHC 875 : 2010 (1) KLT 887 : ILR 2010 (2) Ker. 199.

Administrative Law - Resolution of Panchayat not sent to affected party - Enforceability of - An order becomes an enforceable order only when the same is communicated to the affected party. Unless an order is communicated to the affected party formally, it would not attain the character of an order binding on him. - Antony K. P. and Another v. Chellanam Grama Panchayat and Others - 2009 (3) KHC 331 : 2009 (2) KLJ 655 : 2009 (3) KLT 334. Section 5, Section 166, Section 185B - Interference in orders of Secretary - Powers of Panchayat Committee - Since Panchayat Committee is an elected body and is vested with the ultimate power of administration of Panchayat, it has powers to annul actions of Secretary which are without jurisdiction or are against welfare of the Panchayat itself. However, the committee cannot scrutinise every statutory function of the Secretary if he acts within jurisdiction.- Antony K.P. and Another v. Chellanam Grama Panchayat and Others - 2009 (3) KHC 331: 2009 (2) KLJ 655 : 2009 (3) KLT 334. 'Municipal Corporation of Delhi v. Quimat Raj Gupta and Others, 2007 KHC 3845 [2007 (7) SCC 309: JT 2007 (9) SC 496: 2007 (4) KLT SN 25 : AIR 2007 SC 2742; (Para 3); Reliance Infocom Ltd. v. Chemanchery Grama Panchayat, 2006 KHC 1492 : 2006 (4) KLT 695 : ILR 2006 (4) Ker. 357 : AIR 2007 Ker. 33; (Paras 6, 19); State of W.B. v. M.R. Mondal and Another, 2001 KHC 1660: 2001 (8) SCC 443 : AIR 2001 SC 3471; (Para 13) Referred to).

S. 161(6) and Rule 100 of the Panchayat Rai (Procedure of Panchayat Meetinas) Rules. 1995 are intended to aid and ensure the proper conduct of the business of the Panchayat. Therefore there is nothing illegal in allowing a member presiding the meeting to exercise his right to vote in the first instance and a casting vote intended to break the tie. Rule 10 is neither inconsistent nor in conflict with any of the provisions of the Act. There is nothing in S. 161(6) of the Act which makes i unconstitutional. – Narayanan v. Delmpady Grama Panchayat - 2002 (2) KLT 361.

57[162. Standing Committees.- (1) In every Panchayats standing committees as stated below shall be constituted namely:

(a) In a Village Panchayat (1) Standing Committee for finance

(2) Standing Committee for development

(3) Standing Committee for Welfare 58

[(4) Standing Committee for Health and

Education] (b) In a Block Panchayat

(1) Standing Committee for Finance

(2) Standing Committee for Development

(3) Standing Committee for Welfare 59

[(4) Standing Committee for Health and

Education] (c) In a District Panchayat (1) Standing Committee for Finance (2) Standing Committee for Development (3) Standing Committee for public Works (4) Standing Committee for Health and Education (5) Standing Committee for Welfare