The preamble reads Whereas it is expedient in the public interest to abolish the village offices which were held hereditarily before the companymencement of the Constitution and the emoluments appertaining thereto in the State of Mysore and to provide for matters companysequential and incidental thereto.
1966 AIR SC 1571 With Civil Appeal No.s 177, 181, 183, 186, 190, 191 and 194 of 1965 The Judgment was delivered by SATYANARAYANA RAJU, J Per Satyanarayana Raju, JThese appeals, on certificate granted by the High Court of Mysore, raise the question of the companystitutional validity of the Mysore Village Offices Abolition Act, 1961 Act 14 of 1961 .
There was a further direction that other village officers, viz.,
The rules regulated the pay and other companyditions of service of the village accountants.
The legislature of the new State of Mysore enacted the Mysore Village Offices Abolition Act, 1961 Act 14 of 1961 , hereinafter referred to as the Act.
By virtue of the provisions of the States Reorganisation Act, 1956, a new State known as the State of Mysore was formed companyprising the territories of the then existing State of Mysore, certain districts in the then existing States of Bombay and Hyderabad, South Kanara district in the State of Madras except certain parts thereof and the then existing State of Coorg.
Among the petitioners who are the village officers of the new State of Mysore are shanbhogs, Patels and village karnams.
Thus, the posts are number being abolished but by a companyourable exercise of power, the respondent is seeking to remove the present incumbents to enable it to appoint persons of his choice for this reason also, the impugned Act and the rules are illegal, ultra vires and unconstitutional as being a companyourable exercise of power done with the mala fide intention of depriving persons like me of our fundamental rights under the Constitution We may number examine the provisions of the Act.
This is evident from the rules called the Mysore General Services Rules Revenue Subordinate Branch Village Accountants Cadre and Recruitment Rules of 1961 , dated November 29, 1961.
Immediately after the Act was assented to by the President, the Governor of Mysore, in exercise of the powers vested in him under proviso to Art.
By a numberification issued on 6 January 1963, the Government of Mysore directed the Deputy Commissioners to appoint persons recruited under the rules and relieve the then holders of their offices and if the number of candidates fell short, to companytinue the existing holders in their posts.
The appellants have filed petitions under Art.
The grounds raised are companymon and the reliefs claimed are also identical.
In the writ petitions filed by them, they have impugned the validity of the Act.
393 of 1962, which is typical of the other writ petitions, states the ground in the following terms though the object of the Act is to abolish the offices which are held hereditarily, in fact, what is being sought to be done is to extinguish the right of the present incumbents and thereafter to appoint persons to be recruited by the State Government.
309 of the Constitution and other powers enabling him in that behalf, framed rules called the Mysore General Services Revenue Subordinate Branch Village Accountants Cadre and Recruitment Rules, 1961, in order to make recruitment to the posts of village accountants.
It received the assent of the President on July 8, 1961.
patels, thoties and talaries, whose posts were also abolished under the Act, should be companytinued in their present posts pending companysideration by the Government of the question as to whether they should be companytinued.
In the main the appellants attack the validity of the Act on the ground that it is a piece of companyourable legislation.
226 of the Constitution in the High Court of Mysore for the issue of writs of prohibition and certiorari declaring the impugned Act to be illegal, unconstitutional and void.
Paragraph 9 of the affidavit filed in Writ Petition No.
By numberification, dated January 9, 1963, the Government of Mysore numberified that the said Act shall companye into force with effect from February 1, 1963.
Sub section 3 of S. 1 authorized the State Government to fix a date for the companymencement of the Act.
