M SAMAYAMUTHU Vs. SECRETARY TO THE

JUDGEMENT

(1.) IN W.P.(MD).No.6092 of 2008, the petitioner is the President of Thanjakoor Panchayat, Thirupachethi Post, Manamadurai Taluk, Sivagangai District.

(2.) IN this Writ Petition, the challenge is to the constitutional validity of Section 205 of The Tamil Nadu Panchayats Act, 1994. The petitioner seeks for a direction that the said provision is unconstitutional and not legally valid.

(3.) WHEN this matter was pending, Writ Petition in W.P. No.7970 of 2008 was filed by a president of another Village Panchayat i.e. Mookuperi Panchayat in Tiruchendur Taluk at Thoothukudi District. In that case, the petitioner was proceeded by the District Collector, Thoothukudi District, with an action under Section 205 of the Tamil Nadu Panchayat Act, 1994 setting out certain irregularities committed by him with reference to the formation of cement roads, preparation of bills with reference to electrical works done by the Panchayat and also non-remitting of tax collected with the bank. The petitioner sent his reply dated 25.01.2008, stating that he was innocent and for levelling such allegations, there is no basis. He has also submitted a further reply dated 22.08.2008, before the District Collector, Thoothukudi. Before he could consider the explanation submitted by the petitioner in terms of Section 205(2), the petitioner has filed the present writ petition challenging vires of the Section 205.