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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice L.Victoria Gowri, J
K. Manikandan – Appellant
Versus
District Collector/Inspector of Panchayat, Karur – Respondent
ORDER :
1. Challenging the impugned order passed by the first respondent in Na.Ka.No.A2/0100/2022 dated 27.08.2024, this Writ Petition is filed.
2. The petitioner was elected as President of Nerur South Village Panchayat in 2019. He is a member of the AIADMK party. During 2021, there was a change in the State Government. Following which, the Vice President and other ward members of the ruling party did not cooperate with the functioning of the petitioner. The Vice President colluded with the second respondent and had fraudulently entered the ruling party members' names in the attendance register of Mahatma Gandhi National Rural Employment Guarantee Scheme (hereinafter to be mentioned as MGNREGS), of 100 days employment work and insisted the petitioner to approve the said list. Agitated by the same, the petitioner lodged a complaint before the jurisdictional police station. He also lodged complaints as against the ruling party members as to the illegal acts pertaining to land smuggling. However, no action was taken as against his complaint. In addition to that, the second respondent frequently changed the Panchayat Clerk as many as 7 times much to the difficulty of the proper administ
The District Collector cannot revoke the cheque signing power of elected Panchayat officials under Section 203 without extraordinary circumstances and must adhere to principles of natural justice.
Emergency powers under Section 203 of the Tamil Nadu Panchayats Act cannot be exercised without issuing a show cause notice, as it violates principles of natural justice.
The withdrawal of statutory powers must be in accordance with the statutory provisions and principles of natural justice.
The court clarified that any divestment of cheque signing power must adhere to procedural fairness and compliance with relevant statutory provisions.
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 measur....
Removal of elected officials requires adherence to principles of natural justice, including providing reasons for decisions and allowing for rebuttal of charges, failing which the order is unsustaina....
Court may dismiss a writ petition as infructuous when the factual situation changes rendering the relief sought moot.
The judgment established the principle that the removal of an elected representative under Section 205 of the Tamil Nadu Panchayats Act, 1994, must adhere to the quasi-judicial nature of the power an....
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