The withdrawal of cheque signing power under Section 203 of the Panchayat Act can be justified as an emergency measure pending further proceedings.

1. Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records relating to Na.Ka.A2/797/2011 dated 29.3.2011 on the file of the first respondent and quash the same.

2. Mr.S.Shivashanmugam, learned Government Advocate appears for the respondents 1 and 2. In view of the order that is to be passed in this matter, the notice to the third respondent is dispensed with.

3. Petitioner in this case is an elected representative and the President of the Village Panchayat. In the course of performance of his duties, it was brought to the attention of the first respondent that the petitioner is acting detrimental to the interest of the panchayat for which proceedings were initiated under Section 205 of the Panchayat Act. Consequently, proceedings under Section 203 of the Act was also initiated. Petitioner submitted his explanation. The first respondent passed the impugned order withdrawing the cheque signing power of the petitioner and the same was handed over to the Block Development Officer, the second respondent, until further orders. This order has been passed by the first respondent in exercise of power under Section 203 of the Tamil Nadu Panchayats Act, 1994, which reads as follows:-

"203. Emergency powers of Collector and Inspector:- Subject to such control as may be prescribed, the Inspector or the Collector may, in cases of emergency, direct or provide for the execution of any work, or the doing of any act which a Panchayat or Executive Authority or Commissioner or Secretary is empowered to execute or do and the immediate execution or doing of which is in his opinion necessary for the safety of the public and may direct that the expense of executing such work or doing such act shall be paid by the person having the custody of the Village Panchayat Fund or the Panchayat Union (General) Fund or the District Panchayat (General) Fund in priority to any other charges against such Fund except charges for the service of authorized loans."

4. Insofar as the proceedings initiated under Section 205 of the Act, petitioner has filed a separate Writ Petition No.8857 of 2011.

5. The present writ petition relates to challenge to the order passed under Section 203 of the Tamil Nadu Panchayats Act. In this case, five charges were levelled against the petitioner for which he has given an explanation. Pending further proceedings under Section 205 of the Act, the Collector-cum-the Inspector of Panchayats, the first respondent passed an order under Section 203 of the Act withdrawing the cheque signing power and handing it over to the second respondent Block Development Officer.

6. The facts of the present case is clearly covered by the decision of the Division Bench of this Court in P.Suganthi - vs. - The District Collector-cum-Inspector of Panchayats, Thoothukudi District reported in 2011(2) CTC 381 wherein the Division Bench held in para 11 as follows:-

"11. When the proceedings is initiated as against the President of village related to financial misdeeds, we are of the view that the transferring the cheque signing power from the Village President to Block Development Officer, the Second Respondent is definitely a case of emergency fitting within the provisions of Section 203 of the Act. If the Appellant is allowed to continue to sign the cheques, it would amount to endorse the alleged irregularities committed by the Appellant. Moreover, the transferring of cheque signing power is only an interim arrangement, till the completion of the proceedings initiated as against the Appellant under Section 205 of the Act."

7. Further, the reasoning given by me in the order dated 21.4.2011 rendered in W.P.No.9378 of 2011 will also apply to the facts of the present case, insofar as the power of the Collector-cum-Inspector of Panchayats. Paragraphs 7 to 9 of the decision rendered in W.P.No.9378 of 2011 reads as follows:-

"7. Further, on going through the provisions of Section 203 of the Tamil Nadu Panchayats Act, 1994, it is app