G GOPI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties. The petitioner has filed this writ petition for quashing the order dated 16.12.2002 in Na.Ka.No.A6/4991/02 passed by the District Collector, the first respondent, removing the petitioner from the post of Panchayat President, in purported exercise of power under Section 205(1) of the Tamil Nadu Panchayats Act.

(2.) The petitioner was elected as Panchayat President of Agravaram village in the year 2001. On the basis of some complaints, the respondent No.1 issued a notice dated 8.11.2002 in Na.Ka.No.A6/4991/02 calling upon the petitioner to file his reply within 15 days. The petitioner submitted his reply denying the charges levelled against him. After receipt of the reply, the Collector passed the impugned order on 16.12.2002 removing the petitioner from the office of Panchayat President. The aforesaid order has been challenged mainly on the ground that the procedure contemplated under Section 205 of the Tamil Nadu Panchayats Act has not been followed.

(3.) While the matter was listed for admission, learned counsel appearing for the respondents was given time to obtain instructions. After several adjournments, a counter-affidavit has been filed on 18.3.2003. It has been indicated that the Village panchayat ward members of Agraharam had filed allegation petitions against the petitioner and a police case has been registered on the basis of the complaint lodged by the Block Development Officer. Thereafter, a notice was issued under Section 205(a) of the the Tamil Nadu Panchayats Act (hereinafter referred to as the Act ) and an order dated 8.11.2002 was passed for temporary stoppage of handling of accounts by the petitioner. Reply filed by the petitioner was not acceptable as per the report received from the Block Development Officer (VP), Guidyatham vide letter No.Rc.B2/3987/2002 dated 28.11.2002 . The petitioner has been removed from the post of Panchayat President as per the provisions contained in Section 205(1)(a) of the Act. It has been further indicated that a notification has been issued on 13.3.2003 to fill up the office. It has been specifically indicated that action has been taken by the Inspector (Collector) on his own motion by exercising power under section 205(1)(a) of the Act and the question of removal after convening a meeting by the Tahsildar was not necessary.