L. AMUDHA Vs. THE STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner has filed the present petition, styled as a Public Interest Litigation, seeking to assail the constitutional validity of Section 205 of the Tamil Nadu Panchayats Act, 1994 (hereinafter be referred to as 'the said Act'), particularly sub-section 11, on the ground that it offends the doctrine of separation of powers.

(2.) On the 73rd amendment of the Constitution of India being carried out, Part-IX was amended. It is the say of the petitioner that, as a sequitur thereto, the Panchayats are the elected bodies representing the people and are legislative in character. Article 243C of the Constitution of India provides for composition of the Panchayat, 243D deals with reservation of seats, while 243E provides for duration of Panchayats, etc.

(3.) Section 205 of the said Act provides for the removal of the President and sub-section 11 reads as under: