[30/09, 16:09] sekarreporter1: https://x.com/sekarreporter1/status/1840702914706509990?t=Q0XTFQgTIeMjRms3NSPYig&s=08
[30/09, 21:29] sekarreporter1: The order withdrawing the cheque power of the elected President of the Village Panchayats in Coimbatore District is the subject matter of challenge in all the writ petitions. In Coimbatore District the
District Collector had initiated proceedings under section 205 of Tamilnadu Panchayats Act for the removal of the elected President on certain allegations and elected President had submitted explanations denying the charges levelled against them. Unfortunately, the then
Collector had resorted to take action under section 205 only against the elected President of the opposite party and the independently elected candidate.
After the receipt of the explanation, the Collector instead of examining the merits and demerits of the charges leveled against them had resorted to withdraw the cheque power by referring to certain High
Court judgments passed by the learned Single Judges of the Court without referring to the Division Bench judgment of the Madras High Court rendered in 2005 holding that the collector/ Inspector of panchayat should give opportunity of being heard before passing any order withdrawing the check drawal power of the elected president and vice president. The same was followed by the other two Benches of the High Court in 2011 and other Single judges. Curiously the collector without referring to the Division Bench judgments taken a shelter under few judgments of the learned Single judges of the High Court in his favor and withdrawn the cheque power.
The same was challenged before the learned Single Judge Justice Adikesavulu and the learned Judge after hearing the elaborate Arguments of the learned senior council Mr. R. Singaraavelan Who brought to his notice three Division Bench judgments, one Supreme Court judgment and the judgments Of other learned Single Judges and on taking note of all the judgments, the learned Judge was pleased to refer the matter to the Division Bench. By an administrative order of the Chief justice the matters where Specially posted before the Division Bench headed by justice S.S. Sundar. Accordingly, the
matters where posted and Heard by the Division Bench of Justice. S.S.Sundar and Justice K. Rajasekar. After hearing the arguments of the both sides elaborately,the Division Bench held that the check drawl power of the elected person can’t be withdrawn Without giving any
opportunity of being heard following the other three Division Bench judgments of the High Court.