Judgment :- 1. The petitioner Association being aggrieved by the framing of rules with regard to appointment and dismissal of the Panchayat Assistants, have approached this Court to quash the impugned portion of the G.O.Ms.No.230, Rural Development (E5) Dept. dt.15.10.1996. 2. The impugned part of Govt. order only authorises the President of the elected body to be appointing and punishing authority of the Panchayat Assistants. 3. The ground of challenge to the order, is that on change of President, there is likelihood of arbitrary action being taken to remove the Panchayat Assistant from the post. 4. This contention deserves to be noticed to be rejected, in view of the settled law, that merely because a provision is capable of being misused cannot be a ground to declare it as ultra vires the Constitution of India, or terms it as arbitrary. 5. The illegal action of the President can always be challenged. 6. In view of the law laid down by this Court in W.P. No.41633 of 2006 decided on 23.11.2011 (Tamil Nadu Public Works Dept. & Highways Employees Union vs. State of Tamil Nadu & others) this writ petition otherwise is also not competent.