K CHINNASAMY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner is the President of Chennimalai Panchayat Union. He has come forward to challenge an order dated 04.12.2010 issued by the District Collector-cum-Inspector of Panchayat, Erode District.

(2.) IN the impugned order, it was observed that one P.Gopalakrishnan, the 5th respondent herein, who was the member of the 12th Ward of Chennimalai Panchayat Union was sought to be disqualified in terms of not attending three consecutive meetings of the Panchayat Union Council and Resolution No.203 dated 20.04.2010 was passed in this regard by the Council. A proposal was sent to the Tamil Nadu State Election Commission by the District Collector on 27.11.2010. Therefore, it was ordered that pending final decision by the Tamil Nadu State Election Commission, the said P.Gopalakrishnan will be considered as a qualified and not a disqualified person. The Commissioner was directed to take note of the case pending before the District Munsif Court, Perundurai in O.P.No.2 of 2010. Challenging the said order, the writ petition came to be filed.

(3.) THE second respondent, by the impugned order had informed that since he had sought for information from the State Election Commission and until opinion is obtained, the 5th respondent is entitled to act as if he is qualified and that he was not disqualified. In essence, the District Collector himself had referred the matter for the opinion of the State Election Commission. Pending the opinion from the Election Commission, by virtue of the order, a status quo order was given in favour of the 5th respondent.