A TAMIL SELVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the Chairman of Kalakkad Block Panchayat Union in Tirunelveli District.

(2.) THE petitioner was elected as the Chairman of the Panchayat Union, Kalakkad in the year 2006 and he has been discharging his function as the Chairman for the welfare of the people of the said Panchayat Union. THE grievance of the petitioner was on account of the failure of the respondents 3 and 4 to produce the communication received from the Government as well as the proposals received from the Government for the project to be executed in the Panchayat Union, to his knowledge. According to the petitioner, the respondents 3 and 4 never consult him while implementing the developmental projects of the Panchayat Union and they were preventing him from exercising the powers as the Chairman of the Panchayat. In such circumstances, the petitioner made a representation to the respondents 1 and 2 to consider his grievances. However, no follow-up action was taken by the respondents 1 and 2 and as such, the petitioner has prayed for appropriate action against respondents 3 and 4 in accordance with the Provisions of the Tamil Nadu Panchayats Act, 1994.

(3.) THE Constitution of the three tier system of the Panchayat was made on account of the constitution (73rd Amendment) Act, 1992, which inserted part-IX of the Constitution in the present form. Article 40 of the Constitution mandates the States to organise village panchayats and to endow them with such powers and authority as may be necessary to enable them to function as units of self-Government. It was with such a good intention, Part-IX of the Constitution was inserted by way of the 73rd Amendment Act, 1992. THE insertion of part-IX to the Constitution effected a sea change in the panchayat administration. THE Panchayats have become local self-Government with a fixed tenure. Provisions were also made for election of members of panchayat directly by the people of the panchayat, devolution of powers and responsibilities, management of finance and all other requirements for an effective functioning of the local self- Government. THE Constitution of a village panchayat in a three tier system was evolved with a view to give participation to the villagers in the administration of their respective panchayats.