The main legal point established in the judgment is that the President of Village Panchayat has the power of removal under Section 39(2) of the Tamil Nadu Panchayats Act 1994, and any question of disqualification or removal can be referred to the Inspector to the Government under Section 41(1).

A.Selvam, J.

This Writ Appeal has been directed against the order dated 21.1.2009 passed in WP(MD) No.275 of 2009.

2. The respondents 2 and 3 herein are the members of Sernthamangalam Kaspa Panchayat. Since they failed to attend three consecutive meetings of the council, the panchayat President has removed them and the same has been challenged before the Block Development Officer who has been arrayed as first respondent and he set aside the order of removal passed by the Panchayat President and the order passed by the Block Development Officer has been challenged in WP(MD) No.275 of 2009.

3. The learned Single Judge has allowed the Writ Petition and thereby set aside the order passed by the first respondent viz., the Block Development Officer and further observed that as per Tamil Nadu Panchayats (7th Amendment) Act 2008, Government alone is having jurisdiction to take action in accordance with the concerned provision. Against the order passed by the learned single judge, the present Writ Appeal has been filed.

4. The only question that comes up for consideration in the present Writ Appeal is as to whether the power of removal of members vest with the President or the Government is having such kind of power.

5. It is seen from the records that during the relevant period, the appellant has acted as Village Panchayat and since the respondents 2 and 3 have failed to attend three consecutive meetings of the council, the appellant/village panchayat has removed them and the same has been challenged before the first respondent viz., the Block Development Officer and he set aside the order passed by the appellant/village Panchayat.

6. The order passed by the Block Development Officer has been challenged in WP(MD)No.275 of 2009.

7. The learned single judge has given a specific finding to the effect that neither the Village Panchayat President nor Block Development Officer is having power of removal in view of the Amendment Act 2008.

8. The learned counsel appearing for the appellant/petitioner has repeatedly contended that the respondents 2 and 3 have been removed as per Section 38(J) of the Tamil Nadu Panchayats Act, 1994 and the power of removal vest with the appellant/ petitioner as President of Village Panchayat as per Section 39(2) of the Act and the learned single judge has failed to interpret the provision of the sub section 1 of Section 41 of the Amended Act and therefore, the observation made by the learned single judge is liable to be set aside.

9. The learned counsel appearing for the first respondent has contended that as per provision of sub section 1 of Section 41 of the Amended Act, if any question arises with regard to removal or disqualification of a member, the same should be referred to the Inspector to the Government whose decision shall be final. Under the said circumstances, the learned single judge has set aside the order passed by the first respondent viz., the Block Development Officer and also observed that neither the petitioner nor the first respondent is having power of removal and therefore, the order passed by the learned single judge does not require any interference.

10. For considering the rival submissions made on either side, the Court has to look into the relevant provisions of Amendment Act, 2008, wherein Section 38 deals with various grounds of removal and especially we are concerned with ground 3(i) of Section 38.

11. As pointed out earlier, the only question that has to be decided in the present lis is as to whether the President of Village Panchayat is having power of removal or such kind of power vests with Government.

12. The entire argument put forth on the side of the first respondent viz., Block Development Officer is based upon the amended section of 41(1) of the Amended Act and the same reads as follows:

"If any question arises as to whether any person who has been elected as a member of panchayat or who becomes a member of a panchayat is not qualified or has become disqualified under Sect