V SHANMUGASUNDARAM Vs. DISTRICT COLLECTOR AND ORS

JUDGEMENT

(1.) This writ petition is directed against the notice dated 18 June 2013 on the file of Inspector of Panchayat, Coimbatore calling upon the petitioner to show cause as to why he should not be removed from the office of the Presidentship of Thalavai Palayam Panchayat.

(2.) The petitioner was elected as the President of Thalavai Palayam Panchayat during the last election held on 21 October 2011. It was a direct election. Since the petitioner was not a member of the ruling party, the members of the panchayat belonging to the rival faction had been making baseless complaints against him. The Inspector of Panchayat initiated action to take away the cheque signing power of the petitioner. The order dated 8 December 2011 withdrawing the cheque signing facility was challenged by the petitioner in W.P.No.29237 of 2011. The High Court was pleased to grant interim stay of the said order. The writ petition is pending.

(3.) Thereafter, the Inspector of Panchayat, suo motu initiated action against the petitioner under Section 205(1) of the Tamil Nadu Panchayats Act, 1994. The petitioner submitted a detailed reply to the show cause notice issued by the Inspector of Panchayat. Similar proceedings were initiated against the Vice President also. The Inspector of Panchayat thereafter directed the Tahsildar to convene a conduct special meeting of the panchayat Council. The meeting was convened on 23 January 2013. The resolution passed by the Panchayat was forwarded to the Inspector of Panchayat. Thereafter, the impugned notice was issued calling for explanation as to why he should not be removed from the office under Section 205 of the Tamil Nadu Panchayats Act. The said notice is under challenge.