D BAGYALAKSHMI Vs. THE SECRETARY TO GOVERNMENT DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ & OTHERS

JUDGEMENT

(1.) With the consent of the Learned Counsel on either side, the Writ Petition itself is taken up for disposal.

(2.) This Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to the removal proceeding against the Petitioner in G.O. Ms. (p.134), dated 18.03.2011, served on the Petitioner on 29.03.2011 from the file of the first Respondent, quash the same and consequently direct the second Respondent to permit the Petitioner to continue to function as the President of Sengundram Village Panchayat Union, Vellore District.

(3.) According the Petitioner, she is the elected president of Sengunram village in the election held in the year 2006; she has been discharging her functions as president as per rules and Regulations of The Tamil Nadu Panchayats Act,1994, in short, "the Act"; she is not much educated; she is not aware of panchayat administration; she is guided by a panchayat clerk R. Mahendran; as per his directions, she used to sign; due to political rivalry, proceedings have been initiated under Section 205 of the Act; six charges were framed, for which she gave her explanation; without considering the said explanation, the second Respondent directed the third Respondent, namely, Tahsildar, Gudiyatham, to convene the meeting; the Tahsildar convened the meeting under Section 205(3) of the Act; there are 9 members of the Panchayat Board; the meeting was held on 27.01.2009; out of 9 members, 2 members were absent and the remaining 7 members voted in her favour to continue as the President of the Panchayat; without considering the views of the members, the second Respondent passed the removal order, removing her from the post vide his proceedings Na.Ka. No. A4/4207/2008, dated 24.06.2009; against which order she filed W.P. No. 13257 of 2009 before this Court, wherein, on 27.09.2009, she was directed to prefer an appeal under Section 205(12) of the Act; accordingly, she filed the appeal before the first Respondent on 09.11.2009, whereupon, the first Respondent passed an order, directing the second Respondent to give an opportunity for the unanimous approval given by the members of the panchayat; she offered an explanation, but the same was not accepted; thereafter, she was removed from the post of President under the impugned order G.O. Ms. No. 134, dated 18.03.2011, and, hence, this Writ Petition.