T.Agees v. The District Collector / Inspector Of Panchayats
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2024
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 29451 of 2024 And W.M.P.No. 32095 of 2024 T.Agees ... Petitioner ..Vs..
1.
The District Collector / Inspector of Panchayats Vellore District, Vellore.
2.
The Assistant Director of Rural Development Agency Vellore District, Vellore.
3.
The Block Development Officer Gudiyatham Panchayat Union Gudiyatham Taluk, Vellore District.
4.
The Zonal Block Development Officer Gudiyaatham Panchayat Union Gudiyatham Taluk, Vellore District.
5.
K.R.Umpathy ... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for
the records of 1st respondent impugned order in Na.Ka.No. A5/2577/2024, dated 26.07.2024 and quash the same and consequently, direct the first respondent to restore cheque signing power to the petitioner as per Tamil Nadu Panchayat Act, 1994. *** For Petitioner :: Mr. S.Santhan For RR 1 & 2 :: Mr.V.Nanmaran Additional Government Pleader For RR 3 & 4 :: Mr. C.Selvaraj Additional Government Pleader
ORDER
The petitioner is the Vice President of Seevur Panchayat in Vellore District.
2. The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records of the first respondent/ District Collector / Inspector of Panchayat in Vellore District, relating to an order dated 26.07.2024 and to set aside the same and direct the first respondent to restore the cheque signing power to the petitioner in accordance with the provisions of the Tamilnadu Panchayats Act 1994.
3. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner had been elected as Vice President of Seevur Panchayat in Gudiyatham Taluk, Vellore District. He had been discharging his duties. It had been contended that there were several disputes between the petitioner and the President of the Panchayat Union. The first respondent had examined the dispute. It had been further stated that without issuing any notice and without conducting any enquiry, the impugned order had been passed by the first respondent withdrawing the cheque signing power taking recoure to Sections 203, 204, 205 (1)(a) of the Tamilnadu Panchayats Act 1994. Questioning that particular order, the present Writ Petition has been filed.
4.
A counter affidavit had been filed by the first respondent contending that several financial irregularities were found in the Panchayat. It had been contended that a show cause notice dated 18.06.2024 had already been issued calling upon the petitioner to give necessary explanation. It had been further stated that in accordance with Section 203 and Section 204(1) of the Tamilnadu Panchayats Act 1994, the cheque signing power of the petitioner had been withdrawn and the power had now been conferred on the Zonal Deputy Block
Development Officer. It had been stated that to the show cause notice, a reply had also been received on 10.07.2024 and after examining the explanation, the said order had been passed. 5.
However, the provision of law requires that proper enquiry must be conducted and an opportunity must granted to the petitioner. Personal hearing should also have been granted. If required, the petitioner must also have been permitted to examine the records and thereafter, the first respondent must come to a subjective satisfaction about the necessity to withdraw the cheque signing power.
6.
The power under Section 203 of the Act is an Emergency power of the first respondent. It is seen that the provision under which the cheque signing had been removed was primarily under Section 203 of the Tamilnadu Panchayats Act 1994. 7.
In 2013 (2) CTC 846 [ Logeswari Vs. The District Collector and others], a learned Singe Judge had examined the very same issue. The question before the learned Single Judge had been reduced in paragraph Nos. 7 and 8, which are as follows:-
"7. The cheque signing power given to the petitioner under Sub- Section (3) of Section 188 of the Panchayats Act was taken away by the District Collector by invoking the emergency powers under Section 203 of the Act.
8. The moot question, therefore, is as to whether such a drastic power is available to the District Collector under Section 203 of the Act."
8. After examining the law on the point, the answer had been given in paragraph Nos. 25 and 26, which are as follows:- "25. The law is, therefore, clear that the District Collector has no power under Section 203 of the Panchayat Act to take away the cheque signing power of the President and the Vice President.
26. Therefore, I am of the view that the first respondent was not justified in invoking the jurisdiction under Section 203 of the Act to divest
the President of her cheque signing power."
9. It is thus clear that the power of the first respondent to withdraw the cheque signing power cannot be invoked under Section 203 of the said Act. The impugned order suffers and it is set aside. however the right of the first respondent to initiate action in manner known to law afresh by following due procedure as enunciated under the Act is retained. The first respondent may proceed further in manner known to law.
10. The Writ Petition stands allowed. Consequently, connected Miscellaneous Petition stands closed. No order as to costs. 09.12.2024 vsg (2/2) Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To 1.
The District Collector / Inspector of Panchayats Vellore District, Vellore.
2.
The Assistant Director of Rural Development Agency Vellore District, Vellore.
3.
The Block Development Officer Gudiyatham Panchayat Union Gudiyatham Taluk, Vellore District.
4.
The Zonal Block Development Officer Gudiyaatham Panchayat Union Gudiyatham Taluk, Vellore District.
C.V.KARTHIKEYAN, J., vsg W.P.No. 29451 of 2024 And W.M.P.No. 32095 of 2024 09.12.2024 (2/2)