G.Ramesh v. S.Karthiga

in Rev.Aplw.SR.No.106870 of 2021 in WP.No.16943 of 2020 B.PUGALENDHI, J.

The petitioner, who is a third party, has filed this miscellaneous petition seeking leave to file an application to review the order passed in WP.No.16943 of 2020, dated 23.03.2021.

2.The said writ petition was filed by one Karthiga [Vice President] / first respondent herein challenging the order passed by the District Collector / Inspector of Panchayat, Perambalur, dated 05.11.2020 taking away her cheque signing power. Since no action was initiated under Section 206 of the Tamil Nadu Panchayats Act and that the first respondent remains to be the Vice President, this Court, by order dated 23.03.2021, has held that the first respondent is entitled to sign the cheques along with the President and has set aside the order passed by the Collector.

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3.While taking away the cheque signing powers of the Vice President, the Panchayat has entrusted the same to one Ramesh, the petitioner herein. Learned Counsel for the petitioner submitted that the Vice President was not co-operating with the elected members of the Panchayat in the day-to-day function of the Panchayat and was posing as a stumbling block in the smooth functioning of the Panchayat and its developmental activity. Therefore, the cheque signing powers of the Vice President was taken away. Since the orders of the District Collector taking away the cheque signing powers has now been quashed, the Vice President, for signing cheques, is demanding advance amount, ie., bribe. Therefore, the learned Counsel seeks leave of this Court to file the review petition.

4.This Court has passed the order in the writ petition on the grounds raised by the petitioner therein / first respondent herein, the Vice President as against the President of the Panchayat. Since complaints are being traded as against the President and the Vice President, this Court deems it fit to order for an enquiry by the District Collector / Inspector of Panchayat, Perambalur. 2/4

5.Leave granted.

6.Mr.Sanjay Gandhi, learned Government Advocate takes notice for the second respondent / District Collector, Inspector of Panchayat, Perambalur. 7.The District Collector / Inspector of Panchayat shall conduct an enquiry on the allegations and counter allegations. During the course of enquiry, if the District Collector is of the view that the President or the Vice President or any of the members of the Panchayat are acting against the interest of the Panchayat, he shall pass appropriate orders by exercising the powers under Chapter X of the Tamil Nadu Panchayats Act, if so required and shall file a report before this Court.

Post the matter after four weeks.

10.02.2023 gk Issue on 21.02.2023.

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B.PUGALENDHI, J.

gk in Rev.Aplw.SR.No.106870 of 2021 in WP.No.16943 of 2020 10.02.2023 4/4