G ALAYAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appeal seeks to challenge the order passed by a learned single Judge whereby the learned single Judge by her order dated 2nd February, 2010 dismissed the petition filed by the appellant herein. The said writ petition sought to challenge the Minutes of the Meeting of the Thiruppanandal Panchayat Union Council held on 04th December, 2009, as recorded by the second respondent-Revenue Divisional Officer. The minutes recorded that a No Confidence Motion had been passed against the appellant by show of hands.

(2.) The appeal raises a question as to whether, in the facts of this case, the second respondent was correct in allowing the decision on the No Confidence Motion to be taken by show of hands or whether, the second respondent ought to have taken it by a secret ballot. The question for consideration is as to which of the two methods is contemplated to arrive at the 'result of voting' under Sub-section (12) of Section 212 of the Tamil Nadu Panchayats Act, 1994 (for short 'the Act').

(3.) The short facts leading to this appeal are this wise: