W. P.Nos.5891 and 5904 of 2024
W.M.P.Nos.6522, 6536 and 6540 of 2024
V.BHAVANI SUBBAROYAN, J.,
Heard the learned counsels on either side and perused the documents placed on record.
- Originally when these matters came up for admission on 05.03.2024, the learned Additional Advocate General appearing for the 3rd respondent submitted that to fill up the vacancies of Chairman and Vice Chairman, an election is scheduled to be conveyed on 06.03.2024.
Accordingly, election was conduced and two persons were elected as President and Vice President, however, they could not take oath due to model code of conduct. On account of parlimentary elections and declaration of results, model code of conduct was directed to be maintained. - Again, when the matter came up before this Court on 01.07.2024, the learned counsel for the petitioner disputed the signatures and submitted that it is a forged document, for which, the learned Additional Advocate General submitted that he is ready to produce all the records and documents and hence the matter was adjounred to 03.07.2024
- This Court has perused the materials available on record and it is seen that the petitioners challenge the removal of Vice Chairman and Chairman of Lathur Panchayat Union Council, Chengalpattu by passing no confidence motion against them by the Panchayat Union Council. The
Contention of the petitioners is that the procedure contemplated under Section 212(2) of the Tamilnadu Panchayats Act, 1994 for expressing want of confidence in the Chairman or Vice Chairman of the Panchayat Union Council has not been followed and requires examination. - That apart, it was represented that the election for filling up the vacancies of Chairman and Vice-Chairman of Lathur panchayat Union Council was fixed on 06.03.2024 . Though the public interests demands that the above said crucial posts cannot be kept vacant indefinitely and though it was made clear that conduct of election was not stayed and its outcome would be subject to the result of the writ petition, at present, taking note of the fact that the conduct of the election is not stayed, the result shall be published.
- Besides the above, the parliamentary elections are being held from 19.04.2024, and results were published on 04.06.2024 the authorities could not proceed further. The learned counsel for the petitioner submitted that some of the persons have not signed the petitions and signatures have been forged, for which the learned counsel appearing on the side of the respondents submitted that they would file affidavits to the effect that all the signatures are their own signatures in their own handwriting. Further, all the ward members were present before this Court and three persons were questioned for the stand taken by them and they agreed that they have signed and vouched for the same. Further, this Court made them clear that if there are any proceeding to be initiated in this regard before this Court or in any other forum, they shall abide by the affidavit, for which, they submitted that they would abide by the orders being passed by this Court regarding their signature. Also, when questioned, all the ward members in the presence of the learned counsels, raised their hands to show that they are no more supporting the Chairman and Vice Chairman, who are petitioners in both the Writ Petition Nos. 5904 and 5891 of 2024 and they have also stated that they have already selected new Chairman and Vice Chairman on their own.
Based on the above said fact, this Court is inclined to direct the authorities to publish the results and proceed further in the manner known to law. Post on 30.07.2024.
03.07.2024
Note: Registry is directed to issue
order copy today.
ssd
V.BHAVANI SUBBAROYAN, J.,
W. P.Nos.5891 and 5904 of 2024
W.M.P.Nos.6522, 6536 and 6540 of 2024
03.07.2024