KAMALA PRIYA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The Writ Petition is filed challenging the Order passed by the 1st Respondent divesting the Petitioner, President of the Panchayat and the Vice President of their power to sign the Cheque and authorising the 3rd & 4th Respondents to sign the Cheque in the place of Petitioner and Vice President.

(2.) The learned Counsel appearing for the Petitioner by taking this Court to the Order passed by the 1st Respondent, submitted that even according to the 1st Respondent, the allegations made against the Petitioner needs to be enquired into. In such circumstances, the 1st Respondent ought not to have issued the impugned Order divesting the Cheque signing power available to the Petitioner. The learned Counsel further submitted that the Cheque signing power is a Statutory Power available to the Petitioner and the same cannot be taken away by the 1st Respondent by resorting to emergency power under Sec. 203 of the Tamil Nadu Panchayats Act, 1994. The learned Counsel also relied on the Judgment of this Court in Logeswari v. District Collector, Tiruchirappalli, 2013 (1) CWC 787 : 2013 (2) CTC 846 and also the Order passed by this Court in G. Geetha v. District Collector in W.P. No.19841 of 2023, dtd. 1/8/2023.

(3.) The learned Government Advocate appearing for the Respondents submits that the 1st Respondent received various Complaints against the Petitioner/President and Vice President of the Panchayat. The 3rd Respondent, who conducted an enquiry in this regard recommended to the 1st Respondent to take action under Sec. 203 of the Tamil Nadu Panchayats Act, 1994 and therefore, the 1st Respondent has passed the impugned Order authorising the 3rd & 4th Respondents to sign the Cheque in the place of the Petitioner and Vice President of the Panchayat. The learned Government Advocate also referred to the Order passed by this Court in W.P. No.5851 of 2023 filed by the Vice President of the Panchayat challenging the very same impugned Order wherein this Court by Order, dtd. 28/2/2023 set aside the impugned Order as regards the Vice President of the Panchayat alone.