M NIRMALA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Bereft of all unnecessary details, the basic facts giving rise to W.P.No.36047 of 2002 are as follows :- The petitioner was elected as Ward Member of Unniyur Panchayat Union and subsequently elected as Vice President. It is alleged that the petitioner while being granted anticipatory bail by the High Court was asked to stay at Pallayamkottai and because of the condition, he was not able to attend the meetings of the Panchayat. Subsequently on 24.6.2002 in a meeting of the Panchayat Union resolution was passed relating to Agenda No.4. The translated version of the relevant portion of the aforesaid resolution filed by the learned counsel for the President of the Panchayat is extracted hereunder :

(2.) The connected Writ Petition No.32217 of 2002 has been filed by the President of the Panchayat Union. In the said writ petition while contending that the Vice President has ceased to become a member, since he was absent on four consecutive meetings, prayer has been made for issuing a Writ of Certiorarified Mandamus to quash the notice dated 17.7.2002 directing convening of meeting of the elected representatives. The aforesaid notice, contents of which have been translated in course of hearing, indicate that the meeting has been convened for considering the question of absence of the Vice President for three consecutive meetings and for authorising another member to sign the cheques. Section 38(j) of the Tamil Nadu Panchayats Act relates to question of disqualification on account of absence, relevant portion of which is extracted here under:

(3.) A bare perusal of the provisions contained in Section 38 makes it clear that the provisions are subject to the provisions contained in Section 41. Section 38(j) provides that the person was ceased to be a member if he had remained absent for three consecutive meetings subject to the other conditions indicated regarding notice, etc. However, this disqualification does not appear to be automatic and is subject to the provisions contained in Section 41. Section 41(1) contemplates that if the elected member has become disqualified under Section 38 which would obviously include disqualification on account of absence on three consecutive meetings as contemplated under Section 38(j), the prescribed authority is required to inform such member and place the matter at the next meeting of the panchayat concerned. If, on receipt of such notice, the member does not apply to the prescribed judicial authority under sub-section (2), he shall be disqualified from the date of expiry of the said two months. Under Section 41(2), the Executive Authority or the Commissioner or the Chief Executive Officer, if so directed by the Panchayat or the said Election Commissioner, shall apply to the prescribed judicial authority. Even otherwise application can be filed by the concerned member of any other member. Thereafter the decision of the prescribed authority is to be rendered which shall be final.