N M SELVAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ONE Ajit Kumar was elected as President of Palur Village Panchayat, Valavancode Taluk, Kanyakumari District. The 2nd respondent-District Collector issued a notice on 25.9.1998 asking him to show cause as to why action should not be initiated under Section 205(1)(b) of the Tamil Nadu Panchayat Act, hereinafter called "the Act", for the lapses pointed out therein. He submitted his reply to the said notice.

(2.) THEREAFTER on 14.3.2000, the Collector sent a notice invoking the power under Section 205(1)(a) of the Act asking the petitioner to show cause as to why he should not be removed for the irregularities committed by him asmentioned in the said notice. The said Ajith Kumar/President filed a reply on 22.3.2000. THEREAFTER, the 3rd respondent- Tahsildar sent a notice on 18.4.2000; convening the meeting of the Panchayat for consideration of the proposal for removal of the President of the Panchayat. The same was served on the President of the Panchayat on 20.4.2000. The said President and 11 members of the Council filed a writ petition in W.P. No. 7865 of 2000 challenging the notice issued by the Tahsildar on 18.4.2000 on the ground that along with the notice, a copy of the notice issued by the Collector, the reply given by the President of the Panchayat and the proposal of the District Collector, to remove the President of the Panchayat, were not enclosed so as to enable the members to consider the same in the meeting and give opinion.

(3.) THE Collector in the proceedings dated 14.3.2000 informed the petitioner and the bank to the effect that the panchayat accounts can be dealt with only after getting approval from the Block Development Officer (Panchayat), Rajakamangalam, and the same has been informed to the Bank Officer. Challenging the said proceedings on the basis that the Collector has no Jurisdiction or given power to issue such proceedings the said Selva Kumar has filed the writ petition in W.P. No. 7964 of 2000.