B.Yuvaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.

of B.Yuvaraj .. Petitioner Vs.

1. The District Collector, Ranipet, Ranipet District.

2. The Block Development Officer, Nemili Panchayat, Nemili Block, Ranipet, Ranipet District.

3. K.Vali

4. Senbagavalli .. Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the 1st respondent to consider the petitioners representation dated 12.09.2022 as per Section 205 of Tamil Nadu Panchayats Act, 1994 for the removal of the 3rd and 4th respondent as President and Vice President of Arigilapadi Panchayat Nemili Block, Ranipet district within the stipulated period. For Petitioner : Mr.M.Sathish Kumar For Respondent 1 : Mrs.R.Anitha Special Government Pleader 1/4

For Respondent 2 : Mr.VM.Ravichandran Special Government Pleader - - - - -

O R D E R

This writ petition has been filed seeking a direction to the 1st respondent to consider the petitioner's representation dated 12.09.2022 as per Section 205 of Tamil Nadu Panchayats Act, 1994 and remove the 3rd and 4th respondent as President and Vice President of Arigilapadi Panchayat Nemili Block, Ranipet district.

2. The grievance of the petitioner is that the President of Arigilpadi Village Panchayat, the 3rd respondent herein, despite funds being available suppressed the same and not invited the tender for certain works. Therefore action is sought against him.

3. This Court is of the view that mere allegation by a ward member, the proceedings under Section 205 of the Tamil Nadu Panchayats Act, 1994 cannot be initiated. A Proceedings under Section 205 of the Tamil Nadu Panchayats Act, 1994 can be initiated by the Inspector of Panchayats either on of his own motion, or on a representation in writing signed by not less 2/4

than two-thirds of the sanctioned strength of the village panchayat containing a statement of charges against the president and presented in person to the Inspector of Panchayats by any two of the members of the concerned village panchayat.

4. Such view of the matter, the petitioner is merely a ward member and on the basis of his own allegation, such direction cannot be passed. Accordingly, the writ petition is dismissed. No costs. 25.01.2023 Index : Yes / No : Yes / No kk To

1. The District Collector, Ranipet, Ranipet District.

2. The Block Development Officer, Nemili Panchayat, Nemili Block, Ranipet, Ranipet District.

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N.SATHISH KUMAR, J.

kk 25.01.2023 4/4