JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned proceedings in Na.Ka.A2/605/2021, dated 16.08.2021 on the file of the first respondent and quash the same insofar as removing the petitioner's cheques and PFMS (Public Financial Management System) Forms signing power as Panchayat President/Executive Officer of Kalathur Panchayat, Kannankudi Panchayat Union, Sivagangai District and handing over the same to the third respondent alone.)

1. This Writ Petition has been filed in the nature of Certiorari calling for the records relating to the impugned proceedings in Na.Ka.A2/605/2021, dated 16.08.2021, on the file of the first respondent and to quash the same. In the said proceedings, the first respondent/the District Collector/Inspector of Panchayats, Sivagangai District, had withdrawn the cheque signing power of the petitioner, who was and is the Panchayat President of Kalathur Panchayat, Kannankudi Panchayat Union, Sivagangai District.

2. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner was elected as President of Kalathur Panchayat, Kannankudi Panchayat Union, Sivagangai District, in the local body elections and assumed office in January, 2021. He had also been elected as President between 2001 and 2006. The fourth respondent herein is one of the Ward Members and had been elected as Vice President. The petitioner and the fourth respondent were jointly responsible for signing cheques.

3. It is claimed by the petitioner that Sureshkumar, the husband of the fourth respondent interfered with the management of Panchayat from January 2021 and illegally demanded grant of tenders to him. The petitioner claimed that he refused to cooperate with the demand. Thereafter, the fourth respondent also refused to cooperate for the smooth functioning of the Panchayat. She refused to sign cheques and also Public Finance Management System forms for distribution of the expenses, which occurred in the Panchayat from January'2021.

4. It had been further stated that the Panchayat has bank accounts with Bank of Baroda, Devakottai Branch and IDBI bank, Kannankudi Branch. The fourth respondent had given her specimen signatures before the above Banks for operating the bank accounts. This has been attested by the third respondent/Block Development Officer(Village Panchayat), and also by the Zonal Block Development Officer, Kannankudi Panchayat. It had also been stated in the affidavit that the fourth respondent avoided participating in the Panchayat meeting from January 2021. The cheques and the PFMS forms were signed by the petitioner and forwarded to the house of the fourth respondent by the Secretary of the Panchayat. It is claimed that the Secretary was stopped in front of the house of the fourth respondent and the husband of the fourth respondent took the documents and obtained the signature of the fourth respondent. However, the said signatures did not tally with the specimen signatures available in the Banks. The Banks, therefore, returned the cheques and PFMS forms.

5. A complaint had been given by the Panchayat Secretary, Lakshmanan, to the second respondent and also to the petitioner. It has been further claimed by the petitioner that the Panchayat expenses were not able to be disbursed from January 2021. Thereafter, out of six Ward Members, four Ward Members passed a resolution in February 2021 to elect another Ward Member as Vice President and grant cheque signing powers. It is claimed that the said resolution is still pending on the file of the third respondent.

6. The petitioner, thereafter, made a representation on 23.03.2021 to the first respondent/District Collector to change the cheque signing authority from the fourth respondent. The third respondent, by proceedings, dated 04.05.2021, had fixed 11.05.2021, as the date of enquiry with respect of this particular aspect. However, th