PANDIARAJAN Vs. DISTRICT COLLECTOR, INSPECTOR OF PANCHAYAT UNION

JUDGEMENT

(1.) These writ appeals are directed against the order of the learned Single Judge dismissing the two writ petitions filed by the appellant in W.P(MD) Nos.15135 and 17537 of 2021 by a common order, dtd. 20/12/2021.

(2.) The brief facts which are necessary to the disposal of these writ appeals are as follows:-

(3.) Mr.VR.Shamuganathan, learned counsel appearing for the appellant submitted that the view expressed by the learned Single Judge regarding the applicability of Sec. 47 of Tamil Nadu Panchayats Act is erroneous and the Vice President is entitled to exercise the functions of President until the new President is declared elected and assumes office as per Sec. 47(1) of Tamil Nadu Panchayats Act and that the District Collector has no power to interfere with the functions of Vice President without resorting to the proceedings for removal of Vice President. The learned Counsel then submitted that the impugned order passed by the District Collector is in violation of the principles of natural justice, as no notice was issued to the appellant. The learned counsel then pointed out that the proceedings initiated by the District Collector for removal of Vice President was also defeated by majority of the members and submitted that the impugned order citing some complaints against the petitioner/appellant by the members of council is illegal and arbitrary. The learned counsel further pointed out that the opinion of the District Collector while passing the impugned order is also erroneous in view of the admitted fact that by majority of members of council, the petitioner has proved that the allegations referred to by the District Collector in the order are baseless and not supported by any evidence.