2014 Supreme(Mad) 1061

Madurai Bench of Madras High Court
R. SUBBIAH, J.
Mariyappan
Versus
The Inspector of Panchayath-cum-District Collector, Thoothukudi District, Thoothukudi & Others
W.P.(MD)No. 10257 of 2012 & W.P.(MD).Nos. 3399, 4131, 8560 & 5689 of 2013 & M.P.(MD).Nos.1 & 2 of 2012 in W.P.( MD).No. 10257 of 2012 & M.P. (MD).Nos.1, 1 & 1 of 2013 in W.P.(MD).3399, 5689 & 8560/2013 & M.P.(MD).Nos. 2 & 2 of 2013 in W.P.(MD).Nos. 4131 & 8560 of 2013
Decided on: 06-06-2014

Headnote:

PANCHAYAT ACT - WITHDRAWAL OF CHEQUE SIGNING POWER - SUBJECT TO THE PROVISIONS OF SECTION 41 - CESSATION OF MEMBERSHIP IS NOT AUTOMATIC - REFERENCE WITH REGARD TO DISQUALIFICATION OF THE WARD-MEMBER OF A PANCHAYAT BY THE DISTRICT COLLECTOR TO THE GOVERNMENT IS MANDATORY - SECTION 203 OF THE ACT EMPOWERS THE DISTRICT COLLECTOR TO TRANSFER THE CHEQUE SIGNING POWER FROM THE VILLAGE PRESIDENT TO BLOCK DEVELOPMENT OFFICER IN CASE OF EMERGENCY.

Fact of the Case:

The petitioner, President of the Manthithoppu Village Panchayat, Kovilpatti Taluk, contested to the post of President of the said panchayat and his supporters contested to the post of Ward Members of the said panchayat, as a group, in the last local body election held in the year 2011. Against the petitioner, one Mani contested for the post of President and his supporters contested to the post of Ward Members. In the said election, the petitioner Mariyappan was elected as President of the said panchayat and only two of his supporters were elected as Ward Members. Though the said Mani was defeated in the election, who had contested to the post of President, seven persons from his group were elected as Ward Members and one among them was elected as Vice-President. Panchayat Clerks are also supporters of the said Mani, opposite party of the petitioner herein. Since the Vice-President and all the Ward Members, except two Ward Members, belong to the said Mani's group, the petitioner-President could not pass any resolution with regard to the welfare of the panchayat people because all the Ward Members, except two persons, would reject the resolution. The panchayat clerks are also disobeying the orders of the petitioner-President from the beginning itself. Hence, the petitioner-President made complaints before the District Collector (Inspector of Panchayat) and Block Development Officer in this regard. But, they did not take any action against those persons. Since the Vice-President of the said panchayat viz., Murugan (5th respondent in W.P.(MD).5689 of 2013) refused to sign the cheques, the petitioner-President was not in a position to operate cheque power.

Finding of the Court:

1. Cessation of membership is not automatic on account of non-attendance of three consecutive meetings, it is subject to the provisions of Section 41 of the Act (amended Act), and Reference with regard to disqualification of the Ward-Member of a panchayat by the District Collector to the Government is mandatory. 2. Section 203 of the Act empowers the District Collector to transfer the cheque signing power from the Village President to Block Development Officer in case of emergency.

Issues: 1. Whether the cessation of membership is automatic on account of non-attendance of three consecutive meetings or is it subject to the provisions of Section 41 of the Act (amended Act)? 2. Whether reference with regard to disqualification of the Ward-Member of a panchayat by the District Collector to the Government is automatic or not? 3. Whether the District Collector/Inspector of Panchayats has the power under Section 203 of the Tamil Nadu Panchayat Act, 1994, to withdraw the cheque signing power of the petitioner/President?

Ratio Decidendi: 1. A perusal of Section 38 of the Tamil Nadu Panchayat Act, 1994 (As amended by Tamil Nadu 39/2008) would show that under the said provision various grounds have been provided for disqualification of a Member of the Panchayat. Prior to the Amendment to the said Act (vide Tamil Nadu Act 39 of 2008), all the ground mentioned in Section 38 are subject to the provisions under Section 41 of the said Act. But, after the amendment, except the first two grounds mentioned in Section 38, all the other grounds are subject to the Section 41. 2. Section 41 of the amended Act states that if any question arises as to whether any person who has been elected as a member of a Panchayat or who becomes a member of a panchayat is not qualified or has become disqualified under Section 33 or Section 34 of Section 35 of sub-section (3) of Section 38 or 38-A or cessation under Section 40, the question shall be referred by the Inspector to the Government whose decision shall be final. 3. Section 203 of the Act empowers the District Collector to transfer the cheque signing power from the Village President to Block Development Officer in case of emergency.

Final Decision: All the writ petitions fail and the same are dismissed. Consequently, connected miscellaneous petitions are closed. No costs.