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THE CONSTITUTION, STRUCTURE AND COMPOSITION OF LOCAL SELF-GOVERNANCE SYSTEM AS PER THE KERALA MUNICIPALITY ACT, 1994

2020-07-16T12:00:00.000-07:00

THE CONSTITUTION, STRUCTURE AND COMPOSITION OF LOCAL SELF-GOVERNANCE SYSTEM AS PER THE KERALA MUNICIPALITY ACT, 1994

The system of local self-governance has been prevalent in India from the ancient times, it existed in different forms and degrees at different eras. The concept of village panchayats deteriorated during the British rule in India. Gandhiji had given the idea of ‘Gram Swaraj’ and the establishment of village panchayats was an ideological part of Indian National Movement. The first draft constitution did not have any reference or article on villages or village panchayats. As a result of several debates on the matter in Constituent Assembly, the arguments for inclusion of village panchayats prevailed and it took place in the chapter of Directive Principles of State Policy as Article 40 which lays down that the State shall take steps to organise Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Though the Panchayat Raj institutions and local bodies have been in existence for a long time, they became weak and ineffective due to reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker section, inadequate devolution of powers and lack of financial resources. The 73^rd and 74^th Constitution Amendment Acts,1992 were made to overcome these short-comings by enshrining in the Constitution certain basic and essential features of Panchayat Raj institutions and Municipalities respectively. These Acts enjoins upon the States to establish a three-tier system of Panchayats at the village, intermediate and district levels and municipalities in the urban areas. The Kerala Panchayat Raj Act,1994 and The Kerala Municipality Act, 1994 were passed in conformity with the provisions of 73^rd and 74^th Amendment Acts respectively

Constitution, Alteration and Conversion of Municipalities- Section 4

The Government shall, by notification in the Gazette, constitute with effect from such date as specified in the notification, -a "Town Panchayat" or “Nagar Panchayat” for a transitional area; a "Municipal Council" fora smaller urban area; and a "Municipal Corporation" for a larger urban area, and specify the name of such Municipalities. The Government may at the request of a Municipality or after consultation with the Municipality, at any time, alter the name of a Municipality, after previous publication of the proposal by notification in the Gazette.

The Government can exclude any municipal area from the operation of this act; or exclude from a municipal area comprised therein and defined in the notification; or divide any municipal area into two or more municipal areas; or unite two or more municipal areas; or unite the territorial area of a Panchayat geographically lying adjacent to a Municipal area, with the Municipality; or convert a Village Panchayat into a Town Panchayat or a Municipal Council; or convert a Town Panchayat into a Municipal Council; or convert a Municipal Council into a Municipal Corporation.

Where any Village Panchayat area is constituted as, or included in a Municipality, the Government can pass orders to the transfer to the Municipality or disposal otherwise of the assets or institutions of such Panchayat in that area, and as to the discharge of the liabilities if any, of such Panchayat relating to such assets or institutions. All taxes, fees or other charges levied in that area under the enactments or regulations then in force shall, from the date of constitution or inclusion, cease to have effect and all such taxes, fees or other charges shall be levied in that area in accordance with the provisions of this Act and the rules, regulations and bye-laws made thereunder.

Where a Municipality is abolished, this Act and all notifications, rules, regulations, bye-laws, orders, directions and powers issued, made or conferred under this Act shall cease to apply to the area comprised within the Municipality, the balance of the Municipal fund and all other property vested in the Municipality at the time of its abolition shall vest in the succeeding local authority coming into existence or if a local authority does not come into existence in that area, in the Government and the liabilities of the Municipality shall be transferred to such local authority or as the case may be, the Government. All funds and property vested in the Government shall be applied to discharge the liabilities transferred to the Government and for the promotion of the safety, health, welfare or convenience of the inhabitants of the area comprised in the Municipality.

Ø Raveendran v. State of Kerala[1]

A rural area after its transition to be an urban area, thereby becoming a smaller urban area" or a "larger urban area" in terms of Article 243Q of the Constitution of India, cannot be converted to be a rural area. No such exercise can be done under the provisions of Part IX A of the Constitution of India or otherwise. The delinking of certain urban areas from the Municipalities, for being treated as rural areas is unconstitutional and void.

Incorporation and Administration of Municipality- Section 5

Every Municipality shall be a body corporate by the name of the Municipality, shall have perpetual succession and a common seal, and shall, subject to any restriction or alteration imposed by or under this Act or any other law, be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purpose for which it is so constituted.

Every Municipality, shall exercise such powers, perform such duties and functions and shall have such responsibilities and authority as are provided by or under this Act or any other law for the time being in force.

Constitution of Council- Section 6

The Government notifies the total number of seats of the Councillors to be filled up by direct election in a Nagar/Town Panchayat, Municipality and Municipal Corporation considering the population of the area of the Municipality concerned. The Government may, after publishing the relevant data according to each census, vary the total number of seats of Councillors in a Municipality notified. The Councillors of every Municipality shall be elected by direct election.

The number of seats of Councillors shall be ,—

a) In the case of a Town Panchayat or a Municipal Council, —

(i) Twenty-five, where the population in the area of the Town Panchayat or Municipal Council does not exceed twenty thousand, and

(ii) Where the population of the Town Panchayat or Municipal Council exceeds twenty thousand, twenty-five councillors for the population of first twenty thousand, and one each for every two thousand and five hundred of the population exceeding twenty thousand, subject to a maximum of fifty-two Councillors;

b) In the case of a Municipal Corporation, —

(i) Fifty-five, where the population in the area of the Municipal Corporation does not exceed four lakhs, and

(ii) Where the population exceeds four lakhs, fifty-five councillors for the population of first four lakhs and one each for every ten thousand exceeding four lakhs subject to a maximum of one hundred Councillors.

Specified seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number is determined by the Government in proportion to the population of SC/ST in the area and such seats may be allotted by rotation to different wards in a Municipality as the State Election Commission or an officer authorised by it may, determine for each general election. If the population of the SC/ST in a municipal area is not sufficient to make them eligible for the reservation of any seat, one seat shall be reserved in that Municipality for the Scheduled Castes or the Scheduled Tribes having higher population.

Fifty per cent of the total number of seats reserved should be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes. When the number of seats reserved for the Scheduled Castes or the Scheduled Tribes is only one, that seat need not be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.

Fifty per cent of the total number of seats to be filled by direct election in every Municipality shall be reserved by the Government for women and such seats may be allotted by rotation to different wards in a Municipality as the State Election Commission or an officer authorised by it may, by notification in the Gazette, determine for each general election.

Nothing contained in the reservation provisions shall be deemed to prevent persons belonging to the Scheduled Castes, Scheduled Tribes or Women from being a candidate to the election to the unreserved seats in a Municipality. The officer authorised in this behalf by the State Election Commission shall, by draw of lots, determine the wards to which seats reserved for Scheduled Castes and Scheduled Tribes and for women are to be allotted by rotation at such time and on such date and at such place as may be notified by the Commission, and immediately after deciding the reserved wards, the State Election Commission shall notify the list of wards so reserved, in the manner prescribed.

Duration of Municipalities and filling up of vacancies- Section 7

Every Municipality, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer. An election to constitute a Municipality shall be completed before the expiry of its duration or before the expiration of a period of six months from the date of its dissolution; as the case may be. Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election for constituting the Municipality for such period. A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued if it had not been dissolved.

A casual vacancy in the office of a Councillor shall be reported directly by the Secretary concerned to the State Election Commission within seven days from the date of occurrence of that vacancy and the Secretary who fails to report so without proper reason shall be punishable with a fine which may extend to one thousand rupees and for which the State Election Commission shall have power to initiate the prosecution steps. Election to fill a casual vacancy in the office of a Councillor shall be held by the State Election Commission within six months, after the occurrence of that vacancy. A Councillor elected to fill a casual vacancy shall be eligible to hold office for the remaining term of the person in whose place he was elected.

Ø George C. Kappen v. Govemment of Kerala[2]

For default in performance of duties or excess or abuse of power by the council S.64 has to be invoked.S.7 is the general provision relating to the term of office of councillors applicable generally to all Municipal Councillors in the State. The term may be extended or reduced by invoking the proviso, but it is not related to the conduct of the Municipal Council or of the Councillors.

Mayor or Chairman of a Municipality

There shall be a Chairman in every Town Panchayat and Municipal Council and a Mayor in every Municipal Corporation who shall be elected by the elected Councillors of the respective Municipalities from among themselves, in such manner as may be prescribed. The Chairperson shall be a full-time functionary of the Municipality.

Government can reserve specified number of offices of Chairmen and Mayor for Scheduled Castes or Scheduled Tribes in proportion to their respective population. Fifty per cent of such offices are reserved for women belonging to respective category.

Fifty per cent of total number of offices of Chairpersons of Nagar Panchayat and Municipal Council and Mayors of Municipal Corporation are reserved for women.

No person shall be eligible for being elected as Chairperson unless-

(i) he is elected as Councillor;

(ii) in the case of offices of Chairpersons reserved for the Scheduled Castes or the Scheduled Tribes, he himself is a member of any of the Scheduled Castes or the Scheduled Tribes;

(iii) in the case of office of Chairperson reserved for women, such person is a woman. 20[(8) The term of office of a Chairperson shall be co-terminus with that of his term as a Councillor unless he resigns or becomes disqualified to hold the office of a Councillor.

Deputy Chairpersons of the Municipalities

There shall be a Vice-Chairman in every Town Panchayat and Municipal Council and a Deputy Mayor in every Municipal Corporation who shall be elected by the elected Councillors of the respective Municipalities from among themselves. A Deputy Chairperson shall be deemed to have vacated his office- on his ceasing to be a Councillor on the expiry of his term of office or on his election as Chairperson. Where the office of a Chairperson is vacant, the Deputy Chairperson shall exercise the powers and discharge the duties of the Chairperson until a newly elected Chairperson assumes office.

Conclusion

The Kerala Panchayat Raj Act,1994 and The Kerala Municipality Act, 1994 were enacted by Kerala government in pursuance of 73^rd and 74^th Constitution Amendment Acts respectively. The objects of the acts are to fulfil the provisions brought in by those amendments. Kerala Panchayat Raj Act,1994 provides for a three tier structure of Panchayat system: Village, Block and District Panchayats; it is the rural governance system. Kerala Municipality Act, 1994 also provides for a three tier urban governance system, that is, the Nagar/Town Panchayat, Municipal Council and Municipal Corporation depending upon density of population. All these institutions are the basic units of grass-root democracy where common man’s voice will be heard in matters relating to his grievances. It is through these self-government institutions that the weakest of weakest is empowered.

[1] 2006 (1) KLT 427

[2] 1993 (1) KLJ 771.

CONSTITUTION, STRUCTURE AND COMPOSITION OF LOCAL SELF-GOVERNANCE SYSTEM AS PER THE KERALA PANCHAYAT RAJ ACT,1994

2020-07-16T10:03:00.004-07:00

CONSTITUTION, STRUCTURE AND COMPOSITION OF LOCAL SELF-GOVERNANCE SYSTEM AS PER THE KERALA PANCHAYAT RAJ ACT,1994

The Kerala Panchayat Raj Act,1994 is a legislation enacted by Kerala government for putting into practice the constitutional scheme which is mentioned in the 73^rd Constitution Amendment Act, 1992. Purpose and object of the Act is for meeting the objective and purpose of Indian Constitution which in incorporated by the 73^rd constitutional amendment. Purpose of Village Panchayat system is for meeting the objective of this state legislature which is mentioned in the Third schedule. Purpose of Block Panchayat system is for meeting the objective of this state legislature which is mentioned in the Fourth schedule. Purpose of District Panchayat system is for meeting the objective of this state legislature which is mentioned in the Fifth schedule. Election proceedings are same as to that of Representation of the People Act, 1951. Massive reservation is provided to backward classes at each level of Panchayat.

Grama Sabha- Section 3

Grama Sabha means a body consisting of all persons whose names are included in the electoral rolls relating to a village comprised within the area of a village panchayat. Purpose and objective of Grama Sabha is for implementing development plans, fixing the priority of development plans, the final list of beneficiaries, for preparing massive plans and programs for irrigation facilities and also for environmental protection.

Grama Sabha shall meet at least once in three months at the place fixed by the Village Panchayat and the Convenor of the Village Panchayat should compulsorily invite the member of the Block Panchayat, the District Panchayat and the Legislative Assembly representing the area of the Grama Sabha. The Convenor shall, on a request in writing made by not less than ten percent of the members of any Grama Sabha, convene a special meeting of the Grama Sabha within fifteen days with the agenda given along with the request.

The member of a village panchayat representing the constituency comprised in the area of a village shall be the Convenor of that Grama Sabha; if the Convenor is unable to perform his functions as such, the President may appoint a member representing any adjacent constituency as the Convenor. Every meeting of the Grama Sabha shall be presided over by the President of the village panchayat or in his absence the vice-president or in the absence of both of them by the Convenor of Grama Sabhas.

A report relating to the developmental programmes relating to the constituency during the previous year and these that are proposed to by undertaken during the current year, and the expenditure therefore, the annual statement of accounts and the administration report of the preceding year should place before the Grama Sabha by the village panchayat. If in any circumstances, any decision of the Grama sabha could not be implemented, the President should report the reason therefore, before the Grama Sabha. The village panchayats, the block panchayats and the district panchayats should give due consideration to the recommendations and suggestions of the Grama Sabha.

Grama Sabha has the responsibility of dissemination of information regarding developmental and welfare activities, participating in and canvassing of programmes of Health and Literacy and such other time bound developmental programmes, collecting essential socio-economic data, providing feedback on the performance of development programmes, resort to moral sanction to pay taxes, repayment of loans promote environmental cleanliness and to maintain social harmony, mobilize local resources to augment resources of the panchayat, supervising development activities as volunteer teams and make arrangements for reporting urgently incidence of epidemics, natural calamities, etc.

Grama Sabha is constituted for the dissemination of information relating to development activities that is ensuring the participation of all the people that are residing in a particular area and collectively they discuss the possibility of development programmes in a particular locality and they expose allocation of fund and they find beneficiaries, they make the list of most needy persons and allocation of fund depend upon the priority of the neediness of the people and they make list of beneficiaries and Grama Sabha has to post the entire targeted program for the coming financial year in accordance with the consent of people. Once it is settled, it is settled forever. The minutes of Grama Sabha is monitored by the member selected from the particular area with the cooperation and active participation of people. Minutes of Grama Sabha is prepared by the secretary of local self-government system, then after preparation of priority list and the entire program of Grama Sabha send back to the Block Panchayat system, from the office of block panchayat system to the District Panchayat system. The system is under obligation to implement whatever is decided by the people, this is basically known as people planning or local planning. Grama Sabha is considered as a basic forum for implementing grass root democracy.

The Kerala Panchayat Raj Act has not changed any provision regarding Grama Sabha that is given in the Constitution. It has added more levels to Grama Sabha rather than minimizing the burdens of Grama Sabha.

Ø Joby George v. Thomas Varghese[1]

Grama Sabha is the basic unit at the grass-root level where the Common man's voice will be herd in matters relating to his grievance. That self-government institution is where the weakest of the weak is empowered to raise questions in relation to governance through that institution and the implementation of schemes for economic development in the area to which a Grama Sabha relates and social justice policies are definitely matters of concern for every individual citizen who comes to the Grama Sabha. That citizens are entitled to know about the grants for economic development. He has the right under the Constitution and laws to ensure for his society that implementation of schemes for economic development is appropriately carried out. This includes the requirement to avoid pilferage. In this era when much is spoken about illegal siphoning of public funds, the right of the citizens to ask for the accounts in the Grama Sabha is among the most cherished entitlements that he has under the Constitution and the Act. If the exercise of such constitutional and statutory right is sought to be crippled by threat or criminal force, that would debase the very concept of the Grama Sabha and its strength as an institution of self-government.

Ø Mavoor Grama Panchayath and Another v. Ombudsman and Others[2]

It is true that as per Rule 3 (a) of the Kerala Panchayat Raj (Manner of Service of Notices) Rules, 1996, service of individual notice to the person who is intended to be served with notice has been contemplated. But Rule 3 of the Kerala Panchayat Raj (Manner of Service of Notices) Rules, 1996 applies only in cases where the Panchayat Raj Act or Rules or Bye-laws made thereunder requires the Panchayat to serve notices to a person. The Panchayat Raj Act does not insist on service of notice of Grama Sabha meetings to the persons who constitute the Grama Sabha as per Section 3(2) or to the head of the families within the area of the Grama Sabha.

Constitution of Panchayats at different levels- Section 4

The Government can constitute the following by notifying in official gazette:

a) a village panchayat for each village or for group of villages.

b) a block panchayat at intermediate level; and

c) a district panchayat for each district panchayat area and specify the names and headquarters of such panchayats.

The Government can, at the request of the panchayat concerned, or after consultation with the panchayat and after previous publication of the proposal by notification:

a) increase the area of any village panchayat by including within such panchayat area any village or group of villages;

b) diminish the area of any village panchayat by excluding from such panchayat area any village or group of villages;

c) alter the headquarters of a panchayat at any level; or

d) alter the name of a panchayat at any level.

Any alteration extending or reducing the area of a village panchayat cannot be brought into force before the expiry of the term of the existing committee of that panchayat. The Government may after consultation with the panchayat, pass such orders as they deem fit as in the disposal of any part of the property vested in a village panchayat which has ceased to exercise jurisdiction over any village or group of villages and the discharge of the liabilities of the village panchayat relating to such property or arising from such village including all matters concerned there with or incidental thereto.

Ø Saji Joseph and Others v. State of Kerala[3]

Section 4(2) states that in a case where action is not being taken at the request of the Panchayat, the Government may, after consultation with the Panchayat and after previous publication of the proposal, issued the final notification. Therefore, two elements are to be satisfied, i.e. "consultation and previous publication of the proposal, "there has been proposal. Consultation and previous publication being two elements of the statutory mode to be complied with, before a final notification is issued. Evidently, consultation under Section 4(2) is a procedural requirement which is a pre-condition for the validity of the subsequent decision. It is well settled that if the statute requires a particular thing to be done in a particular manner, then it shall be done in that manner or not at all. This also indicates that the provision is mandatory.

The Court can examine whether there was sufficient consultation. It is evident that a formal compliance of the provision regarding consultation is not that is indicated in the provision. The form is not material but the substance is important. It is necessary that consultation shall be directed to the essential points and to the core of the subject involved in the discussions. In the present case, while considering the question whether the Government has properly consulted the Panchayats and has considered the relevant materials projected by them in effecting diminution of the area of certain Block Panchayats, arises for consideration. The exercise done does not satisfy the principles laid down by the Apex Court and there is total non-application of mind to the relevant circumstances and total absence of materials also in support of the proposal as well as the final notification. The consultation initiated by forwarding the proposal, cannot be said to be sufficient and meaningful and therefore the final notification is clearly vitiated.

Ø Anil Kumar v. State of Kerala[4]

A proposal for bifurcation of Panchayat has to be placed before the panchayat, in its committee for consideration. The President alone cannot put forward any proposal. The use of the conjunction ‘and’ in S.4(2) of the Act, makes it abundantly clear that consultation with the panchayat and previous publication of the proposal are necessary before a decision to diminish the area of a panchayat is taken by the Government, on its proposal.

Ø Saji Joseph v. State of Kerala

The Apex Court emphasised the various relevant factors in the organisation of Village Panchayats and Block Panchayats including the remoteness of the seat of administration, want of proper transport and communication facilities, etc. in State of U.P. and Others v. Pradhan Sangh Kshettra Samithi and Others. This principle is of general application, evidently. Therefore, it is the responsibility of the Government to have a rational basis for forming the village panchayats and block panchayats considering these factors.

Ø Karunagappally Grama Panchayat v. State of Kerala[5]

A Panchayat is competent to file an original petition under Art.226 of the Constitution when any of its legal right is infringed by the authorities including the Government.

Incorporation and administration of panchayats- Section 5

Every panchayat is considered as a body corporate by the name of the panchayat, have perpetual succession and a common seal and is, subject to any restriction or qualification imposed by or under this Act or any other law, vested with the capacity of suing or being issued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts and of doing all things necessary, proper or expedient for the purpose for which it is constituted.

Strength of Panchayats- Section 6

The total number of seats in a village panchayat, a block panchayat and a district panchayat are to be filled by direct election notified by the Government. The Government can alter the total number of seats in a Panchayat after publication of the relevant figures of each census by notification. The ratio between the population in a territorial are of Panchayat and the number of seats to be filled by election in such Panchayat shall, so far as practicable, be the same throughout the State.

The number of seats shall not; -

(a) in the case of Village Panchayat, be less than thirteen or more than twenty-three;

(b) in the case of a Block Panchayat, be less than thirteen or more than twenty-three;

Composition of Village Panchayat- Section 7

Every Village Panchayat shall consist of elected members equal to the number of seats notified by government and they are chosen by direct election. A Village Panchayat have a President and a Vice President elected by the members of the village Panchayat from among themselves. Village Panchayat system consists of several wards, which may vary from 13- 18 wards depending on the density of population.

Seats shall be reserved for the Scheduled Castes and Scheduled Tribes, the number of seats reserved shall be determined by the Government proportional to the population SC/ST in the Panchayat area, and such seats shall be allotted by the State Election Commission or an Officer authorised by it, by rotation to different constituencies in that Panchayat area. Where the population of the Scheduled Castes or the Scheduled Tribes in a Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. Fifty per cent of the total number of seats reserved shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes as the case may be, but if the number of seats reserved for Scheduled Castes or the Scheduled Tribes is one, that seat shall not be reserved for women.

Fifty per cent of the total number of seats in a Village Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it, by rotation to different constituencies in the Village Panchayat area. None of the reservation provisions shall prevent members of SC/ST or the women from standing for election to non-reserved seats in a Village Panchayat

Composition of Block Panchayat-Section 8

Every Block Panchayat shall consist of elected members equal to the number of seats notified by government and the Presidents of the Village Panchayats in the territorial area of the Block Panchayat. All seats shall be filled by persons chosen by direct election. A Block Panchayat have a President and a Vice President elected by the elected members of the Block Panchayat from among themselves.

Stipulated seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, the number of seats reserved shall be determined by the Government proportional to the population SC/ST in the Block Panchayat area, and such seats shall be allotted by the State Election Commission or an Officer authorised by it, by rotation to different constituencies in that Block Panchayat area. Where the population of the Scheduled Castes or the Scheduled Tribes in a Block Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that Block Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. Fifty per cent of the total number of seats reserved shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes, but if the number of seats reserved for Scheduled Castes or the Scheduled Tribes is one, that seat shall not be reserved for women.

Fifty per cent of the total number of seats in a Block Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it, by rotation to different constituencies in the Block Panchayat area. None of the reservation provisions shall prevent members of SC/ST or the women from standing for election to non-reserved seats in a Block Panchayat.

Composition of the District Panchayat- Section 9

Every District Panchayat shall consist of elected members equal to the number of seats notified by the Government and the Presidents of the Block Panchayats in the district. All seats shall be filled by persons chosen by direct election. A District Panchayat have a President and a Vice President elected by the elected members of the District Panchayat from among themselves.

Stipulated seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, the number of seats reserved shall be determined by the Government proportional to the population SC/ST in the District Panchayat area, and such seats shall be allotted by the State Election Commission or an Officer authorised by it, by rotation to different constituencies in that District Panchayat area. Where the population of the Scheduled Castes or the Scheduled Tribes in a District Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that District Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. Fifty per cent of the total number of seats reserved shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes, but if the number of seats reserved for Scheduled Castes or the Scheduled Tribes is one, that seat shall not be reserved for women.

Fifty per cent of the total number of seats in a District Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it, by rotation to different constituencies in the District Panchayat area. None of the reservation provisions shall prevent members of SC/ST or the women from standing for election to non-reserved seats in a District Panchayat.

Conclusion

[1] 2012(2) KHC 476

[2] 2007 (4) KHC 803: 2007 (4) KLT 886

[3] 2010 (3) KHC 617: 2010 (3) KLT 672.

[4] 2005 (3) KLT 355

[5] 1996 (1) KLT 419; 1996 (1) KLJ 331: ILR 1996 (2) Ker.522

Manga inchi achar / mango ginger pickle / മാങ്ങാ ഇഞ്ചി അച്ചാർ / .

2018-02-28T22:58:00.001-08:00

Manga inchi achar / mango ginger pickle / മാങ്ങാ ഇഞ്ചി അച്ചാർ / . It is super in taste and aroma. I usually follow the kerala's tradinional way of making pickles. For that,i always use homemade fried Compounded Asafoetida powder and roasted fenugreek powder and sundried kashmiri chilli powder. All these give grandma's pickles' special taste and tangy aroma.

Ingredients

1) Mango-ginger ..... 1kg (peel,wash and cut into desired pieces)

2) fenugreek ..... 2tbs

3) Compounded
Asafoetida ....... 25 gm(chopped)

4) gingelly oil ......... 3tbs

5) garlic
(peeled&halved) ........ 1/4 cup

6) kashmiri chilli
Powder ........... 6tbs

7) turmeric pwdr ........ a pinch

8) gingelly oil ......... 1/2 cup

9) salt ........ 3-4tbs as per
your taste

10) curry leaves ...... 3 string

11) mustard ....... 2 tsp

12) fenugreek ....... 1/2 tsp

13) vinegar ........ 2 cup +
1tsp sugar

Roast fenugreek in a heavy bottom pan or kadai and remove it.

Add 3tbs gingelly oil to the same pan and stir fry chopped Asafoetida

(Grind roasted fenugreek and fried asafoetida together.)

Heat 1/2 cup gingelly oil in the same pan.

splutter mustard first and then fenugreek.

Add curry leaves

then add garlic , stir

when starts browning remove from the stove

and keep stirring for 15 sec.

At this time , add chilli pwdr and turmeric powder , stir well

and add salt, again stir well

then add vinegar

and just boil

switch off the flame

and remove from the stove

and add grounded fenugreek and asafoetida pwdrs.

Allow to cool.

Then add mango-ginger pieces and mix well.
At this time check salt.

Fill it in a clean glass jar and Keep this pickle undisturbed for two days for the flavours to set in.

Then keep it in refrigerator..

Use only after one week.

Try this ..

write a short note about Shri JAWAHARLAL NEHRU

2016-10-05T02:03:00.001-07:00

Jawahar Lal Nehru was the first Prime Minister of free India. He was born at Allahabad in 1889. His father Moti Lal Nehru was a famous lawyer. Earlier he was educated in the hands of the English. He was sent to England for higher education. In 1912 he returned to India.
He met Mahatma Gandhi and joined Indian National Congress. He started taking part in politics. He was married to Kamala Devi. He was arrested several times during the rule of the English. He took part in the Quit India Movement and got India free on August 15, 1947.
He was a great leader,teacher and writer. he worked for his country. He wanted world peace. The children called him CHACHA NEHRU. He died of heart attack on May 27, 1964. He wrote two famous books namely Discovery of India and Glimpses of World History.

SOFT & DELICIOUS MICROWAVE BROWNIE

2016-09-23T12:47:00.002-07:00

Tested Recipe of Spongy, Delicious, Tasty and Very Easy to Make Microwave Oven Brownie or Black Forest Cake
Ingredients
1 coco powder - 3 1/2tbsp
2 maida - 8tbsp
3 butter (unsalted)- 100gm
4 sugar(powdered)- 100gm
5 egg - 1no.
6 vanilla essence - 1/2 tsp
7 baking powder - 1/2tsp
8 milk - 4tbsp
Method
1 sift flour with baking powder .keep aside.
2 microwave butter in a bowl for 1 minute or till butter melts.
3 add coco powder into butter and mix well.
4 beat egg and essence well with an egg beater or in a mixer jar till light and fluffy and add into coco-butter mix and mix well.
5 add sugar and mix well.
6 add maida baking powder mixture,mix and add milk mix the mixture well
7 transfer the mixture to a big , greased deep microwave safe dish and microwave for 2min 20 secs.

you can decorate it with any icing and chopped nuts.

write a short note about MAHATMA GANDHI

2015-11-03T09:15:00.003-08:00

Mahatma Gandhi was born on 2nd October 1869 at Porbandar in Gujrat. His full name was Mohan Das Karam Chand Gandhi. He got his primary education at Rajkot. He was married at the age of thirteen with Kasturba. He was truthful from his childhood.

After passing Matric examination he was sent to England for studying law. After returning from England he started his career as a lawyer at Bombay. He went to South Africa to plead a case. There he was disgraced. He started Satyagraha there and won the first battle.

After staying for several years in Africa Gandhiji returned to India. He jumped into the freedom struggle. He was soon the most respected leader of the India. He always led the struggle on non-violent lines.He led so many Satyagraha and was sent to jail several times. In 1942 he started 'Quit India Movement'. Under his able leadership our country got freedom on August 15,1947. He was killed by Nathu Ram Godse on January 30th,1948.

short story with moral:THE CLEVER HARE

2015-11-03T08:24:00.001-08:00

There lived a lion in a forest.He was very cruel. Other animals were afraid of him. He used to kill animals without mercy.

The animals held a meeting. It was decided that one animal would be sent to the lion every day.

When it was the hare's turn to go to lion,he thought of a plan. He reached the lion's place very late. The lion wanted to know why the hare was so late. Sir, said the hare, 'I met another lion while coming here. He said he was the king of the forest. He wanted to eat me.'

Where is he? the lion roared. Take me to him. The hare took him to a well.

Sir,the hare said,the other lion is in the well.' The lion looked in to the well. He saw his own reflection. He thought it was the other lion. He got angry,jumped into the well and died.

MORAL: Intelligence is more important and useful than Physical power

short story with moral: THE SHEPHERD BOY

2015-06-11T12:08:00.000-07:00

Once upon a time there lived a shepherd boy in a village. He used to look after the sheep in a forest near the village. The shepherd boy was very naughty. He thought of making villagers frightened. One day, he was looking after the sheep. He hit upon an idea to cutting a joke with the villagers. He cried, 'Wolf,wolf '. The villagers thought there had come a wolf. They came with a sticks in their hands. But there was no wolf.. The villagers were angry. They went back.
One day a wolf really came. The shepherd was terrified. He cried out: 'wolf ! wolf !'.
But the villagers thought that it was making a joke. Some one said that he was telling a lie. They said that there is no need of going to help him.
They did not come to help the boy. The wolf killed many sheep.

Moral: Once a liar, always a liar.
Or
Never tell lies.

Advising a brother to study hard and avoid bad company

2014-04-04T05:41:00.001-07:00

You are Naveen of Rose colony, New Delhi : Your brother Praveen is staying in a hostel at V M P School. You are not happy with his report from his school. Write a letter to him advising him to study hard and avoid bad company.
Rose colony
New Delhi
12 December,2011
My dear Praveen
I received your progress report by the morning mail today. I am greatly pained to find that you have failed almost in all the subjects. I never expected that you would fare so badly in this examination. Dear father is not at home now. What will he think, when he comes to know of this bad report?
It appears you have lost all interest in studies. You have fallen into evil ways. You keep company with bad boys. You are an intelligent boy. Only God knows what has brought about your fall.
You know well that our father is not a rich man. He earns money by hard work. He works from morning till evening. Only then he is able to make both ends meet. What will happen, if he asks you to give up your studies?
I, therefore, advise you to mend your ways. I am sure,if you put your heart and soul into studies, you can improve in a short time. I hope you will begin working from today.
Yours affectionately
Naveen

I think we need to take a break...

2014-03-19T22:58:00.001-07:00

short story with moral: THE CAP-SELLER AND THE MONKEYS

2014-03-19T22:44:00.001-07:00

There lived a cap-seller in a village. He used to go to a city to sell his caps. On the way there was a forest. Once he went to sell his cap. He had a bundle of caps hanging from his shoulder. It was a very hot day in summer. He felt tired. He thought of taking rest. He placed the bundle of caps under a tree and fell asleep.

There lived some monkeys on the tree. They saw a man sleeping below with a big bag. They climbed down the tree. They untied the bundle. Each of them put a cap on its head and climbed up the tree.

After some time, the cap-seller got up. He found the bundle missing. He looked up. He thought of a plan. He took off his own cap and threw it down on the ground. All the monkeys imitated. They, too, threw away the caps on the ground. The cap-seller collected them and went away.

Moral : Don't copy other blindly.

short story with moral : BELLING THE CAT

2014-03-18T07:16:00.000-07:00

There lived many rats in a house. A cat came there and began to eat some of them daily. Their number began to decrease. They were in a fix.

One day, they held meeting. A young rat said, "We should bell the cat." All the rats agreed. But an old rat said, " But tell me who will bell the cat?" All kept quiet.

Just then the cat came there. All ran into the holes.

Moral : Easier to say than done.

A letter to your friend on how you are taking care of yourself despite the month-long temperatures being about 43 degree celsius.

2014-03-17T09:10:00.000-07:00

santhi lane
pattom
june 18, 2011
My dear Jaya
I hope everything is fine at your end. You know we all are undergoing great stress and troubles due to intense heat this year. You konw that this is all due to the month-long temperatures being about 43 degree celsius. But if we take some precautions we can keep ourselves free from the impact of this hot season.

First of all, we must wear loose and light coloured cotton clothes. When we perspire, these clothes tend to act as coolers to the body. We can go to swimming and take a shower whenever we feel heat. Regarding food we should take fruit salad and other summer season fruits like melons, water melons etc. Nimbu paani and Aam panna are preparations that can enable our bodies to face the hot season a right. We should wear slippers or sandals instead of shoes as these don't let heat out of our soles. We should wear solar hat or cap on our heads to ward off heat. If we go out we must take umbrellas over our heads. To ward off lethargy we can read good books, watch TV and play indoor games.

I am sure that if we take these steps we can make our summer not a sad and bad experience. I hope you'll like these things and adopt them.
Your sincerely
Maya

short story with moral : THE FARMER AND HIS SONS

2014-03-16T09:01:00.002-07:00

There lived a farmer in a village. He was very hard working. He had three sons.

After some times they got married. They began to quarrel with one-another. The father advised them not to quarrel,but they did not care. He was in a fix what to do.

One day, he fell ill. suddenly he hit upon a plan. He called them to his bedside. H e asked them to bring a bundle of sticks.

The farmer asked one of them to break the bundle turn-by-turn. Each tried hard, but could not break the bundle. Now he asked them to break a single stick one-by-one. Each took one stick and broke it easily. On seeing this the farmer said, 'Dear sons, if you live unitely, nobody will be able to harm you. But if you keep quarreling among yourselves, anybody will be able to harm you.' They acted upon his advice and never quarrelled in future.

Moral : Union is strength

United we stand, divided we fall.

short story with moral: THE HIDDEN TREASURE

2014-03-16T08:44:00.000-07:00

A farmer had five sons. They remained idle. One day, the farmer fell ill. He called his sons to him. He said to them, 'I have a treasure hidden in my field. Dig it out after my death.' With these words, he died.

After a few days, the sons dug every inch of the field. They did not find any treasure. They felt sad.

A man passed by them. He advised them to sow corn in the field. They did so. They reaped a rich harvest. They realized that their father had spoken the truth.

Moral : No pains,no gains.

short story with moral : THE GREEDY DOG

2013-12-15T02:44:00.000-08:00

A dog had a piece of bone in its mouth. It was crossing a bridge over the river. It saw its reflection in the water. It thought that it was another dog. It wanted to take its piece of bone. It began to bark. Its own piece of bone fell into the water. It was lost. The dog felt sad.

Moral : Do not be greedy.
or
Greed is bad.

A tested recipe for a really tasty fish pickle!!! TRY IT.

2013-12-12T08:35:00.000-08:00

Ingredients

1. fish (clean and cut into small pieces) - 1 kg

2. green chilli (chopped) - 50 gm

3. garlic (peeled) -200 gm

4. ginger (finely chopped) -150 gm

5. kashmiri chilly powder - 50 gm

6. turmeric powder - 3 gm

7. gingelly oil -200 gm

8. vinegar(1.5% Acetic Acid) -400ml

9. salt - 60 gm [30 gm for marinating + 30 gm for cooking]

10. pepper powder - 3 gm

11. cardamom,cloves&cinnamon powder - 2 gm

12. sugar - 5 gm

preparation

* Add 30gm salt to 1 kg fish [ 3% of fish's total weight] and mix it well. Dry it in sunlight for 2 hours.

* Deep fry it in sesame oil (gingelly oil).

* Then fry green chilli, garlic and ginger till it becomes brown and reduce the flame,add kashmiri chilli pwdr, turmeric, pepper powder and salt, mix well, turn off the flame, add fried fish and mix well. Allow to cool.

* Then add vinegar,sugar and no.11(cardamom, cloves & cinnamon powders) and stir well.check for salt.
* Keep this pickle undisturbed for two days for the flavours to set in.
* After two days, stir the pickle well and fill in a clean and dry airtight glass container.
* Use it only after two weeks.
* Refrigerate if you want to keep it for long.

short story with moral: TWO FRIENDS AND THE BEAR

2013-12-12T05:48:00.001-08:00

Ram and Shyam were two fast friends. Once they were passing through a forest. They saw a bear. Ram suddenly climbed up a tree but shyam could not climbed up. He lay on the ground and held up his breath. The bear smelt his body. Thinking him to be dead, it went away. Ram then asked shyam, 'What did the bear whisper in your ear?' shyam replied, 'It advised me not to trust a friend like you.'

Moral : Beware of false friends
or
A friend in need is a friend indeed.

To Director of Education complaining about non-availability of English text books

2013-12-12T05:28:00.001-08:00

You are Shilpa living at Apartment # 14, Riverlane, Kottayam, Kerala. English has been introduced in the primary classes in govt schools. Since your sister is also studying in primary class,write a letter to the Director of Education complaining against the non- availability of English text books.

Answer
Apartment # 14
Riverlane
Kottayam
Kerala

August 8 th 2013

The Director of Education
Kerala

Sir

It is good that English has atlast been introduced at the primary classes in Govt. schools. But I am pained to write that text books on English for this level are not available in market. We have been trying to obtain them for the last two month here and there but to no avail. The booksellers say that these have not yet been printed by the Directorate. As a result, students, including my sister, are unable to start reading this subject.

You are requested kindly to look into the matter at once without any delay. Kindly take immediate steps to make the text books available so that the students get these books without any loss of time.
Thanking you
Yours faithfully
Shilpa

short story with moral: THE FOX AND THE GOAT

2013-12-12T04:42:00.000-08:00

A thirsty fox went out in search of water. It came to a well. While drinking water, it fell into it. It tried its best to get out of it, but in vain.

After some time, a goat came there. The fox saw it and said, 'The water is very sweet. Come down and drink it.' The goat jumped into the well. The fox got on its back and jumped out of the well. The goat was left alone in the well.

Moral : Look before you leap.

short story with moral: THE HONEST WOOD-CUTTER

2013-12-12T04:14:00.000-08:00

There was a wood-cutter. He lived in a village near a river. He used to go everyday to cut woods. One day he went out to cut wood. He climbed a tree on the bank of river.

The wood-cutter began to cut wood. All of a sudden his axe fell down into the river. He began to cry for help.

After some time, Mercury, the god of water appeared there. He asked the wood-cutter, 'Why are you crying ?' The wood cutter told him the whole story.

Mercury dived into the water. He brought out a golden axe. He offered it to the wood cutter. But he did not take it. The god again jumped into the water. This time, he brought a silver axe. The wood-cutter did not accept it too. The third time, the god brought an iron axe. It was wood-cutter's axe. He accepted it. The god was pleased with him at his honesty. He gave him the other two axes as a reward.

Moral : Honesty is the best policy.

short story with moral : THE HARE AND THE TORTOISE

2013-12-10T02:23:00.000-08:00

A hare was proud of its speed. It often laughed at a trotoise for its slow speed.

One day, the tortoise asked the hare to run a race. The hare at once agreed. They fixed the goal and started running. The hare ran fast. Soon it came near the goal and thought of taking rest for a short time. It lay under a tree. It soon fell fast asleep.

In the meantime the tortoise reached the place where the hare was sleeping. It gathered its speed, It reached the goal. After some time, the hare got up. It ran fast and reached the goal. It saw that the tortoise had already reached the goal. It felt ashamed.

Moral : Slow and steady wins the race.

short story with moral : THE LION AND THE MOUSE

2013-12-10T01:50:00.002-08:00

A lion was sleeping under a tree. A mouse lived in a hole nearby. It came out of the hole. It began to jump about on the body of the lion. The lion caught it. The mouse said," I beg for mercy. It will help you some day." The lion laughed. Lion took pity on the mouse and let it go.

After sometimes,the lion was got in a net. It roared loudly. The same mouse heard its roar. It came to the lion. It nibbled the strings of the net. The lion was free. It thanked the mouse and went away.

Moral : As you sow, so shall you reap.

short story with moral - THE FOX AND THE CROW

2013-12-10T00:34:00.000-08:00

A hungry fox went out in search of food. It tried its best to find something to eat, but in vain. It felt very sad.

At last, it came to a garden. There a crow was sitting on the branch of a tree. It had a piece of bread in its beak

The fox was very clever. It said, 'You are a very beautiful bird. Your voice must be very sweet. Please sing a song for me.'

The crow was very pleased. It began to caw. The piece of bread fell down on the ground. The fox picked it up and ate it at once.

Moral : Don't listen to flattery.

Breeze, breeze always..sights from kumali 8th mile

2013-11-13T00:00:00.000-08:00

paddy field

the breeze always blowing

Cardamom