Sundarambal v. District Collector, (Inspector of Panchayat), Office of the District Collector
2015-10-15
R.SUBBIAH
body2015
DigiLaw.ai
ORDER : The Writ Petition has been filed praying for a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent vide Na.Ka.No.A3/3016/2015 (Vu), dated 30.09.2015 and quash the same and consequently direct the first respondent to provide the petitioner's powers to function as a President of Veppangudi Village Panchayat, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District without any disturbance. 2. The petitioner is the President of Veppangudi Panchayat. He has been serving to the people of the said without any blemish whatsoever. While so, on certain allegations against the petitioner, the Inspector of Panchayat has invoked his powers under Section 205 of the Tamil Nadu Panchayats Act by taking away the cheque signing power of the petitioner and the same was handed over to the third respondent. Aggrieved over the same, the petitioner is before this Court for the relief stated supra. 3. It is the main submission of the learned counsel for the petitioner that the first respondent neither issued a show cause notice nor followed the procedure contemplated under the Tamil Nadu Panchayats Act,1994 before passing the impugned order dated 30.09.2015. On this sole ground, the order of the first respondent has no legs to stand. Therefore, he prayed for quashing of the order impugned in the Writ Petition. 4. The learned Government Advocate was put on notice, who in turn submitted that since the welfare Schemes are one of the important functions of the Panchayat, due to the attitude of the petitioner, the first respondent has no other option but to invoke his power under the Panchayat Act by taking away the cheque signing power of the petitioner. Therefore, he prayed for the dismissal of the Writ Petition. 5. I heard the submissions made on either side and perused the materials available on record. 6. A bare perusal of the impugned order dated 30.09.2015 would throw light on this Court that the petitioner was neither given a show cause notice nor an explanation was obtained from her, before passing the impugned order dated 30.09.2015. Admittedly, based on certain allegations, the District Collector has swung into action by taking away the cheque signing power of the petitioner. However, this was done without giving a show cause notice to the petitioner.
Admittedly, based on certain allegations, the District Collector has swung into action by taking away the cheque signing power of the petitioner. However, this was done without giving a show cause notice to the petitioner. Time and again, this Court has held that the power to sign cheque is a statutory power conferred on the President and Vice President under sub-section (3) of Section 188 of the Act. The reason for being given financial powers to the Panchayat concerned is that the Constitution and the Panchayat Act wanted to give financial powers to the local body and it was only for the said purpose, the legislature has vested the Executive Authority on the Panchayat. Therefore, the first respondent should be more cautious in exercising his extraordinary power in the matter of this nature. 7. For the foregoing reasons, I have no hesitation to quash the order impugned in this Writ Petition. Accordingly, the impugned order in this Writ Petition stands quashed and this Writ Petition is disposed of. Consequently, the first respondent isdirected to issue a fresh show cause notice to the petitioner within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to give her explanation within a period of one week from the date of the said show cause notice. After doing so, the first respondent shall pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of the explanation of the petitioner. No costs. Consequently, connected miscellaneous petition is closed.