V. SETHURAMAN Vs. THE STATE AND ORS.

JUDGEMENT

(1.) Challenge in this Writ Appeal is to the order dated 22.01.2014 passed in Writ Petition(MD)No.11223 of 2013 by the learned Single Judge of this Court.

(2.) The appellant herein as petitioner has filed Writ Petition(MD)No.11223 of 2013 under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records relating to G.O.(D)No.312, Rural Development and Panchayat Raj (PR-4) Department dated 03.07.2013 passed by the first respondent and quash the same and also for directing the first respondent to notify the alleged removal of Chairman of Usilampatti Panchayat Union under Section 212(13) of the Tamil Nadu Panchayats Act, 1994 on the basis of the report dated 28.03.2013 submitted by the third respondent under Section 212(3) of the Tamil Nadu Panchayats Act, 1994.

(3.) The averments made in the petition are that Usilampatti Panchayat Union consists of 13 Wards and Members have been elected in the election held on 29.10.2011 and one T.R.Palpandi has been elected as Chairman of Usilampatti Panchayat Union. The Chairman has not cared about the welfare of general public and he acted against them and consequently a representation has been sent to Revenue Divisional Officer, Madurai, third respondent herein, to take necessary action. The third respondent has failed to take any action. On 04.02.2013, another representation has been given to the third respondent, whereby so many charges have been levelled against the Chairman. On 14.02.2013 the third respondent has sent a copy of charges to the Chairman. On receipt of charges, the Chairman has submitted his explanation to the third respondent. On 02.03.2013, the third respondent has issued notice to all Councillors in terms of Section 212(4) of the Tamilnadu Panchayats Act, 1994, wherein it is stated that a meeting is going to be conducted on 28.03.2013 to decide the issue of no confidence motion against the Chairman. After receipt of the said notice, the said Chairman has filed Writ Petition(MD)No.4681 of 2013 by way of challenging the same and no interim order has been passed in the said Writ Petition. On 28.03.2013, as scheduled, the third respondent has conducted meeting for no confidence motion and all the Councillors including Chairman and Vice Chairman are present in the office of the fourth respondent. The Chairman and one Councillor by name M.Pechiammal have raised their objections for conducting meeting on the ground that Writ Petition filed by Chairman is pending. Since the Chairman has not produced any interim order, the third respondent has conducted the proceedings as per notice and 11 Councillors have raised their hands in support of no confidence motion and on the basis of no confidence motion, the third respondent has submitted a letter to the Principal Secretary, Rural Development and Panchayatraj in Na.Ka.No.979/2013/B1 dated 27.03.2013 and on the basis of letter dated 27.03.2013 on 10.06.2013, the Principal Secretary, Rural Development and Panchayatraj in R.O.C.No.979/2013/B1, has called for a report from the third respondent with regard to discrepancies found in the letter dated 27.03.2013 and accordingly, the third respondent has submitted a detailed explanation dated 10.06.2013.