ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the first respondent in his proceedings in Na. Ka. No. 290/2020/A3(Oo), dated 26.07.2021, quash the same as illegal and consequently, to direct the first respondent to permit the petitioner alone to sign the cheque temporarily pending consideration to change the cheque signing power permanently by considering the petitioner's representation, dated 16.06.2021.

1. This Writ Petition has been filed in the nature of Certiorarified Mandamus seeking interference with the order of the first respondent/District Collector/Inspector of Panchayats, Pudukottai District, dated 26.07.2021 and to set aside the same and consequently, to direct the petitioner alone to sign the cheques temporarily pending consideration of the representation, dated 16.06.2021.

2. In the affidavit filed in support of the Writ Petition, the petitioner/President, Vaalaramanickam Village Panchayat, Arimalam Block, Thirumayam Taluk, Pudukottai District, stated that she had contested successfully in the elections for the post of President in the year 2019. The Panchayat consists of 9 wards and one K.M. Udaiyappan, who had been selected as Ward Member from the 6th ward, was elected as Vice President. It was stated that K.M. Udaiyappan, refused to sign the cheques. This was questioned by other ward members. It was stated that the ward member of the 3rd ward, P. Laksmi and the Vice President, K.M. Udaiyappan, had indulged in wordy quarrels relating to the implementation of schemes during the Gramasabha meeting. It was stated that this led to the registration of a FIR in Cr. No. 236 of 2020 by K. Pudupatti Police Station against K.M. Udaiyappan and others. There were further altercations. It was also stated that K.M. Udaiyappan was incarcerated in prison also.

3. There was a special Gramasabha meeting held on 19.08.2020 and a resolution was passed to change the cheque signing power from K.M. Udaiyappan to another ward member. The said resolution was forwarded to the first respondent/District Collector/Inspector of Panchayat. However, the first respondent stated that a fresh meeting should be convened and a resolution should be passed giving the name of the ward member to whom the cheque signing power should be given. The Gramasabha meeting was therefore proposed to be held on 18.09.2020. It was deferred for various reasons and finally, held on 09.11.2020 and the cheque signing power was transferred from K.M. Udaiyappan to P.Lakshmi.

4. In the meanwhile, the first respondent issued a proceedings dated 09.06.2021 intimating the petitioner to expedite the panchayat related activities within seven days by signing the cheques. The petitioner gave a reply on 16.06.2021 that any one of the other ward members may be permitted to sign the cheques along with her. However, the impugned order was then passed suspending the cheque signing power of the petitioner. Questioning that impugned order, the present Writ Petition had been filed.

5. It is stated that notice was not given to the petitioner before suspending her right to sign the cheques. Opportunity was not granted to her. It was therefore stated that the impugned order should be interfered with.

6. It is significant to point out that K.M. Udaiyappan, against whom allegations were made, had not been impleaded as party to the Writ Petition.

7. The respondents have filed a counter affidavit, wherein, it had been stated that there were allegations made by the petitioner/President and by the Vice President against each other complaining non-cooperation. This affected the smooth functioning of the Village Panchayat. They both refused to sign the cheques towards the expenditures incurred in the Panchayat. Therefore, the salary of the Panchayat Secretary, Sanitary Workers, Over Head Tank Operators remained unpaid from July 2020. Further, other expenditures,