D CHANDRASEKAR Vs. DISTRICT COLLECTOR THIRUVALLUR DISTRICT

JUDGEMENT

(1.) THE writ petition is filed by the petitioner who is a vice Chairman of Sholavaram Panchayat Union, challenging the proceedings, dated 03.12.2010 passed by the second respondent, i.e., Revenue Divisional Officer, Ponneri and seeks to set aside the same. By the impugned proceedings, the second respondent informed the petitioner that the members of the Sholavaram Panchayat Union have given a "No Confidence Motion" under Sections 208 and 212 of the Tamil Nadu Panchayat Act, 1994 and therefore, in order to consider the said No Confidence Motion and for voting on the motion, a meeting was being convened on 24.12.2010 at 11.00 a.m. at the Panchayat Union office under the chairmanship of the second respondent.

(2.) IN the writ petition, the petitioner was directed to take private notice to the respondents and pending notice, an interim stay was granted. Subsequently, the interim stay was extended from time to time. IN the meanwhile, the person who gave the original complaint and was the 14th Ward member got himself impleaded by an order dated 1.4.2011. He had also filed an application to vacate the interim order and that application is yet to be numbered.

(3.) THE first and second respondents have not filed any counter affidavit. But, the third respondent in his counter affidavit has stated that the no confidence motion letter, dated 5.8.2010 was submitted by him and the other members. THE petitioner was evading service of notice. THE petitioner being the Vice Chairman was elected only by the Ward members and that majority of ward members were against the style of functioning of the petitioner. THEre is no case made out for interference with the impugned notice. THE petitioner can very well be advised to participate in the said meeting to know the views of the members.