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1977 Supreme(Mad) 554

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Govindan Nair, CJ. And A. Varadarajan, J.
S. Subramanian …..Appellant(s)
Versus
V. Vellaikannu and others . …..Respondent(s)
W.A.No. 312 of 1977 and W.P. No. 1685 of 1977.
Decided On : 23 December 1977

Advocates:
K. K. Venugopal, for T.S. Subramanian, for Appellant.
R. Mohan, for first Respondent.
The Government Pleader, for Respondents 2 and 3.

All charges except one proved.

Headnote:Tamil Nadu Panchayat Act, 1958-Section 149(4)-Applicability-Ten serious charges framed against President of Panchayat-Show cause notice issued-No reason given for holding the charges proved-Held, order of removal liable to be quashed.

       

Varadarajan, J.-The writ petition has been filed for the issue of a writ of certiorari or any otter appropriate writ or order quashing the first respondent’s order dated 8th April, l977 made in NKV. 19/209311/76 removing the petitioner from Presidentship of Aralikottai Panchayat, as confirmed by the second respondent’s order in G.O. Rt. No. 1371, Rural Development and Local Administration Department, dated 31st May, 1977. The writ appeal has been filed against the order dated 4th October, 1977 of Ramanujan, J., dismissing W.M. P. No. 4985 of 1977, which had been filed by the appellant, a third party, for being impleaded as a party to the writ petition on the ground that he had been asked to take charge from the writ petitioner (hereinafter referred to as the petitioner) as the President of the Aralikottai Panchayat as a stop-gap arrangement. The appellant claimed to have taken charge as the President of the Panchayat on 9th June, 1977. Ramanujam, J., dismissed the Writ Miscellaneous Petition on the ground that the appellant bad no interest in the subject-matter of the writ petition upholding the objections of the petitioner that the appellant is not a necessary party and that bis presence is not required to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the writ petition. The petitioner contended in his counter-affidavit filed in the Writ Miscellaneous Petition that he bad been legally continuing to discharge his duties as President of the Panchayat till the date of his counteraffidvit, namely, 3rd October, 1977.

2. On a complaint of one K. R. Sevugaperumal, a member of the Aralikottai Panchayat presented to the first respondent, Collector of Ramanathapuram, on 21st September, 1976 alleging that the petitioner Vellaikannu had committed certain irregularities in the administration of the Panchayat, the Divisional Development Officer, Devakottai directed the petitioner, by an order dated 17th November, l976, to produce all the registers of the Panchayat before him on 23rd November, 1976. The first respondent framed 10 charges against the petitioner and. Called upon him,by a notice dated 8th January, 1971, to show cause within 15 days of receipt of the notice, as to why he should not be removed from, the Presidentship of the Panchayat under section 149-A (1) (a) of the Tamil Nadu Panchayats Act (XXXV of 1958) (hereinafter referred to as the Act) in view of those charges. The petitioner was given further time up to 7th February, 1977 to submit his explanation and. He was permitted to inspect the records of the Panchayat in the presence of the Divisional Development Officer, Devakottai. The explanation of the petitioner was submitted with a request that it may be accepted and the charges against him dropped. The first respondent caused the charges to be placed before the Panchayat at a metting held on 9th March, 1977 presided over by the Tahsildar of Tirupattur and attended by seven members of the Panchayat including the petitioner. In that meeting, five members voted against the first respondent’s proposed action to remove the petitioner from the Presidentship of the Panchayat, ore member Mookkan stated that he does not know anything about charges 2, 8 and 9 and the other members K. R. Sevugaperumal, who presented the petition before the first respondent on 22nd September, 1976 as stated earlier, alone voted in favour of the proposed action. However, the first respondent stated in his impugned order dated 8th April, l977 that the petitioner’s explanation was not satisfactory and unacceptable, that all the charges except Charge No. 8 were proved, that they all related to serious irregularities and that in the interest of the proper administration of the affairs of the Panchayat, he was not accepting the views of the Panchayat as expressed in the meeting held on 9th March, l9?7 and had decided to remove the petitioner from the Presidentship of the Panchayat under section 149-A


































































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