The central legal point established in the judgment is the interpretation of 'absence' in Section 188(3) of the Tamil Nadu Panchayat Act and the recognition of the impugned order as an interim measure for the smooth functioning of the Panchayat.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records pertains to the impugned order passed by the 1st Respondent bearing reference No.Na.Ka.No.2575/2022/A2/OE.(OO)-The.Ko., dated 06.10.2022 and quash the same as arbitrary and illegal.)

1. This Petition has been filed to call for the records pertains to the impugned order passed by the 1st Respondent bearing reference Na.Ka.No.2575/2022/A2/OE.(OO)-The.Ko., dated 06.10.2022 and quash the same.

2. The then Vice President of the Agaram Panchayat, Thiruvannamalai District filed this Petition to quash the order of the District Collector/1st Respondent in Na.Ka.No.2575/2022/A2/OE.(OO)-The.Ko., dated 06.10.2022. The operative portion of the impugned order reads as follows:

There is reference of the 3rd Respondent''s letter viz., President of the Panchayat, enquiry conducted by the Block Development Officer and the Assistant Development Officer and various Government Orders in the impugned order.

3. The sum and substance of the impugned order is that based upon the report submitted by the Block Development Officer and statement recorded from the members of the Panchayat and based upon the resolution passed by the Panchayat, the District Collector/1st Respondent has passed an order nominating the 4th Respondent viz., IV Ward Member as a co-signing authority for the cheque, instead of the Vice President, the Petitioner herein. On perusal of the order it reveals that “it is until further orders” and hence, I find that it is only an interim arrangement and it is not the final orders, removing the Vice President from the cheque signing power, as contemplated under Section 188 of the Tamil Nadu Panchayat Act, 1994.

4. Learned counsel for the Petitioner would contend that as contemplated under Section 188(3) of the Tamil Nadu Panchayat Act, the cheque signing power of the Vice President can be cancelled only in his absence, which is a physical absence or legal inability to perform the functions and duties of the Vice President. The 1st Respondent cancelled the cheque signing power, merely in the ground that the Petitioner refused to sign the cheque would not be considered as absence of Vice President, thus the impugned order is in violation of Section 188(3) of the Tamil Nadu Panchayat Act, 1994.

5. The learned counsel for the 3rd Respondent based upon the counter would contend that the Petitioner usually refuses to sign the PFMS form for the salary of the Overhead Tank Operator, Panchayat Secretary''s and Sweepers namely E.Manivanan, Ramesh, Illavarasan and S.Maduranbal, Kamsala respectively because they belong to Most Backward Community & Scheduled Community and thereby, she is trying to destruct communal harmony in the Panchayat. He also drew my attention to paragraph 9 of the counter of the R3 for emphasising the fact that on 03.06.2022, proposal was made in the General meeting of the Panchayat, cancelling the cheque signing power of the Petitioner who is the Vice-President of the Panchayat and to assign the same to Mr.Anbazhagan, member of IV Ward, the 4th Respondent herein. The resolution was passed on 13.06.2022, being approved by five ward members and the President. He would contend that the Petitioner is a puppet in the hands of her husband and the husband is dictating the terms and refused to sign for payment of the employees, over head tank operator, Panchayat Secretary, Sweepers and even the PPA viz., Print Payment Advice.

6. Heard the learned counsel appearing on behalf of the respective parties.

7. From the affidavit and the counter affidavit filed by the Petitioner and the Respondent and argument advanced by the Petitioner, I find that the President of Agaram Panchayat has stated that the Petitioner (Vice President) was not co-operating with the President and other ward members and therefore, the resolution was passed on 13.06.2022 in the Panchayat meeting by recommending to cancel the cheque sign