IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2024
CORAM
THE HON’BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W. P.No.2759 of 2024and
W.M.P.No.3023 of 2024
Smt.D.Poornima Rangarajan
President of Marudur Village Panchayat
Karamadai Panchayat Union
Mettupalayam Taluk,
Coimbatore District. … Petitioner
Vs.
- The District Collector / Inspector of Panchayats, Coimbatore District, Coimbatore.
- The Personal Assistant to Collector (Development), Coimbatore District, Coimbatore.
- The Assistant Director of Rural Development (Panchayat), Coimbatore District. Coimbatore.
- The Block Development Officer (VP)
Karamadai Panchayat Union
Mettupalayam Taluk,
Coimbatore District. … Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent impugned order in Na.Ka.No.2574/2021(1)/A3 dated 02.02.2024 and quash the same and consequently direct the 1st respondent to restore cheque signing power to the petitioner as per Tamil
Nadu Panchayat Act, 1994.For Petitioner : Mr.V.R.Kamalanathan For Mr.N.Srinivasan For R1 to R3 : Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.A.M.Ayyadurai Government Advocate </code></pre>ORDER
This Writ Petition has been filed challenging the impugned order
dated 02.02.2024 passed by the 1st respondent in
Na.Ka.No.2574/2021(1)/A3, whereby the power of the petitioner to sign and authorize payments from the Village Panchayat Fund had been ceased by the respondent. - The brief facts of the case of the petitioner are as follows:
(i) The petitioner was elected as President of Marudur Village
Panchayat, Karamadai Panchayat Union, Mettupalayam Taluk, Coimbatore District, on 06.01.2020. From the date of assumption of office, the petitioner has been diligently discharging her duty to the utmost satisfaction of the general public at large. While being so, some rival candidates who had lost the election had lodged complaints against the petitioner stating several allegations against her. Based on the complaints, the 1st respondent issued a show cause notice dated 18.04.2022 under Section 205 of the Tamil Nadu Panchayat Act, by framing ten charges, which was received by the petitioner on 20.04.2022. The ten charges made against the petitioner were that the petitioner had purchased sanitary materials for the panchayat without obtaining prior approval from the authorities. Challenging the issuance of above show cause notice, the petitioner filed a Writ petition before this Court in W.P.No.12045 of 2022. This Court, on 06.05.2022, directed the respondent to furnish the copies of the audit report/complaint to the petitioner, within a period of two weeks from the date of receipt of the order. However, the respondent has not issued the audit report or the complaint lodged as against the petitioner. Thereafter, a new set of charges were framed as against the petitioner. The said charges were framed by the 1st respondent in Na.Ka.No.2574/2021(1)/A2 dated 09.2022 as under Section 205 of the Panchayat Act and the District Collector for the purpose of suspending the petitioner’s cheque signing power inter-alia of pendency of charges, passed an order in Na.Ka.No.2574/2021(2)/A3 dated 26.09.2022 by conferring the cheque signing power to the Block Development Officer.
(ii) The petitioner challenged the above said orders passed by the
1st respondent in Na.Ka.No.2574/2021(1)/A2 dated 09.2022 and in Na.Ka.No.2574/2021(2)/A3 dated 26.09.2022 before this Court in W.P.No.26904 of 2022 and W.P.No.26905 of 2022. This Court, on hearing and disposal of the writ petition, directed the respondent to complete the proceeding as under Section 205 of the Village Panchayat Act, as per the show cause notice, but permitted the petitioner to jointly exercise the cheque signing with the Block Development Officer. The respondent, thereafter, issued Na.Ka.No.1163/2018/A4 dated 04.08.2022 by which the respondent has directed for the recovery of Rs.30,79,018/for the lost met by the public exchequer, in view of the misconduct committed by the petitioner’s husband. The petitioner’s husband filed a Writ Petition in W.P.No.21083 of 2022, challenging the initiation of surcharge proceeding by the 2nd respondent in Na.Ka.No.1163/2018/A4 dated 04.08.2022 by which the 2nd respondent has directed for recovery of Rs.30,79,018/- for the lost met. The said order was preceded by the order passed by the 2nd respondent in Na.Ka.No.1163/2018/A4 dated 12.01.2022 and Na.Ka.No.1163/2018/A4 dated 24.03.2022 by which the 2nd respondent has taken steps to initiate action as against the petitioner for the alleged losses. The petitioner was impleaded as a respondent in the said Writ Petition.
(iii) On assumption of charges as the president of the panchayat as on 06.01.2020, the Block Development Officer of the Karamadai Panchayat Union/Special Officer handed over the village panchayat’s records to the petitioner on 14.01.2020 by his office proceeding’s even date. But the said list of ledgers/files does not refer to any such NOC or the sanction of NOC. In fact, even in the surcharge proceeding dated 24.08.2022, the order refers to calculating of the revenue losses. For the purpose of calculating the revenue losses of the panchayat, they would have perused the entire records and after calculation is done, they ought to have issued the impugned order. Hence, the entire records are with the respondent. This is also referred as Serial No.12 in the order dated 24.08.2022. Even though the matter is sub-judiced before this Court and the availability of the document is a subject matter in the writ petition and the petitioner has claimed the non-availability of the document, the
petitioner was issued with a surcharge proceeding in
Na.Ka.No.2574/2021(1)/A3 dated .12.2022 holding that the petitioner has failed to produce the NOC related files relating to the grant of NOC by the petitioner’s husband for 49 plots.
(iv) Challenging the above proceeding initiated by the 1st respondent in Na.Ka.No.2574/2021(1)/A3 dated 12.2022, the petitioner approached this Court in W.P.No.1500 of 2023. This Court had granted an interim order dated 20.01.2023, staying the operation of the aforesaid show cause dated 12.2022 and it was subsequently extended. But without waiting for the disposal of the writ petition, the respondent has been initiating one action and other against the petitioner. The petitioner submitted reply to the show cause notice that there is no document available and also that the communications were properly replied. The initiation of action as under Section 205 of the Tamilnadu Panchayat Act,
1994 is without jurisdiction of the same as against the provision available.
There is a lack of jurisdiction to proceed as under Section 205 of the Act and notice issued by the Tahsildar, Mettupalayam on 02.02.2023.
(v) Aggrieved by the proceeding of the Tahsildar, Metupalayam dated 02.02.2023, the petitioner filed writ petition in W.P.No.3723 of 2023, challenging the order of Tahsildar, Mettupalayam, directing the petitioner to appear before him on 09.02.2023, in connection with the proceeding initiated by the 3rd respondent in Na.Ka.423/2023/Aa3. The said Writ Petition was challenged on the ground that the 3rd respondent does not have power to initiate proceeding as under Section 205 of the Act. Thereafter, the Personal Assistant (Noon Meal) of the District Collector, Coimbatore, conducted an inspection in the Village Panchayat and he inspected the records in the presence of the petitioner and the petitioner had submitted a report to the District Collector, contending that there was no violation being committed by the petitioner. Again, the Tahsildar, Mettupalayam issued a proceeding in Na.Ka.No.423/2023/Aa3 dated 29.03.2023 received by the petitioner on 31.03.2023. The said notice is issued by the Tahsildar for the purpose of convening the panchayat council meeting for the purpose of hearing the opinion and view of the members along with the petitioner for removal from office of the president of the Village Panchayat. The petitioner has filed a Writ
Petition in W.P.No.10600 of 2023, challenging the proceeding of the
Tahsildar, Mettupalayam in Na.Ka.No.423/2023/Aa3 and also a Writ
Appeal No.1019 of 2023, challenging the proceeding of the Tahsildar, Mettupalayam in Na.Ka.No.423/2023/Aa3 issued under Section 205 of the Tamil Nadu Panchayat Act, in which, this Court had granted an Interim status quo and finally the respondents conceded to withdraw the notice of the Tahsildar and the Writ Appeal was disposed on 01.11.2023. At present, the 1st respondent issued the impugned proceedings in Na.Ka.No.2574/2021(1)A3 dated 02.02.2024, cancelling the cheque signing power of the petitioner under the Section 203 of the Tamil Nadu Panchayat Act, 1994. Hence, this Writ Petition is filed. - The 1st respondent has filed a counter affidavit, wherein, it is stated as follows:
(i) The petitioner was elected as Panchayat President of Marudur Village by the local body elections held on 06.01.2020. The petitioner after assuming office, the respondent received several complaints from the general public and from the ward members to take appropriate action against the president/petitioner for the irregularities and misappropriation of Village Panchayat General Fund, done by the petitioner. Due to continuous allegations, the 1st respondent ordered the Assistant Director (Audit) to make inspection on the repeated complaints against the petitioner. After inspection, a complete report was submitted by the Assistant Director (Audit) to the 1st respondent / District Collector.
Immediately, a show cause notice was issued to the petitioner under Section 205(1) of the Tamil Nadu Panchayats Act 1994, by framing 10 charges in ROC.No.2574/2021(1)/A3 dated 18.04.2022 and directed the petitioner to place her explanations for the above leveled charges. The petitioner has submitted her explanation on 21.11.2022 to the show cause notice issued on 18.04.2022 and to the other show cause notice which was issued on 26.09.2022 after lapse of so many days. The 1st respondent verified the belated explanations submitted by the petitioner. The respondent was not satisfied with the explanations given by the petitioner. Hence, the order was passed in Na.Ka.No.2574/2021(2)/A3 dated
26.09.2022 by conferring the power of cheque signing authority to the Block Development Officer.
(ii) Due to the repeated complaints received from the ward members, the respondent again issued a show cause notice under Section
205(1) of Tamil Nadu Panchayats Act 1994 in
Na.Ka.No.2574/2022(1)/A3 dated 16.12.2022 with three specific allegations. After receiving the said show cause notice, the petitioner submitted her explanation belatedly on 05.01.2023 to the 1st respondent. After her submissions, the 1st respondent by way of a letter in
Na.Ka.No.2574/2021(1)/A3 dated 23.01.2023 directed the Tahsildar,
Mettupalayam to take necessary action against the petitioner under Section 205(2) of Tamil Nadu Panchayat Act 1994 and submit a report within a period of 15 days. The Tahsildar, Mettupalayam sent a letter dated 02.02.2023 to the petitioner / president and the ward members of Marudur Village Panchayat inviting for a meeting to be held on 09.02.2023 as per the direction given by the 1st respondent. By way of
letter dated 09.02.2023, the Tahsildar, Mettupalayam informed the 1st respondent about the petitioner and her husband who behaved in a rude manner and threatened the Tahsildar not to allow anyone in the meeting hall and they were in intention to prevent the meeting to be held and also the Tahsildar sought further directions from the 1st respondent to proceed further.
(iii) The petitioner challenging the impugned notice issued by the
Tahsildar dated 02.02.2023 filed a writ petition before this Court in W.P.No.3723 of 2023 seeking stay for the proceedings and to quash the same and consequently forbear the respondents from holding any proceedings under Section 205 of Tamil Nadu Panchayats Act 1994. Upon hearing the said Writ Petition, the Court has passed an order on
14.02.2023 by setting aside the impugned notice issued by the Tahsildar,
Mettupalayam and directed the 1st respondent “It is well open to the District Collector to follow the proper procedure as indicated above and take further course of action as per law, if required”. As per the order passed by this Court, following the procedure and complaints received from the ward members, the Tahsildar Mettupalayam has issued impugned notice dated 29.03.2023 in Na.Ka.No.423/2023/Aa3 to the Panchayat President, Vice President and to the Ward Members of Marudur Panchayat to convene a meeting to ascertain the views of the members of the said panchayat to be held on 06.04.2023 in the panchayat office. Challenging the impugned notice, the petitioner filed W.P.No.10600 of 2023 which was dismissed on 05.04.2023 with the observations “It is made clear that all the procedures as contemplated and elaborately considered by this Court, is to be followed scrupulously by the respondents for the purpose of concluding the proceedings initiated against the writ petition U/S 205 of the Tamil Nadu Panchayat Act 1994 such an exercise is directed to be done as expeditiously as possible without causing any undue delay”.
(iv) On 06.04.2023, meeting was conducted in the presence of Tahsildar Mettupalayam, all the ward members were participated in the said meeting, 9 ward members out of 10 present in the meeting voted against the petitioner and expressed their views against the panchayat president. Aggrieved by the order passed in W.P.No.10600 of 2023, the petitioner preferred an appeal before the Hon’ble 1st Bench in
W.A.No.1019 of 2023. The Hon’ble Chief Justice passed an order on 01.11.2023 and made observations “The District Collector would Apply to the show cause notice and the explanation given by the petitioner and would decide the show cause notice after considering the explanation of the petitioner. Depending upon the decision taken by the collector, The parties may take further steps It that event all the contentions are kept often”. The 1st respondent / District Collector directed the Block Development Officer (VP), Thondamuthur to conduct
the inspection by way of an order dated 15.12.2023 in
Na.Ka.No.2574/2021(1)/A3 regarding misappropriation and irregularities done by the petitioner in the Marudur Village Panchayat on several attempts. After conducting inspection, the Block Development Officer (VP), Thondamuthur submitted a report dated 12.01.2024. Based on the report submitted by the Block Development Officer, the 1st respondent / District Collector has passed the present impugned order in Na.Ka.No.2574/2021(1)/A3 dated 02.02.2024. - Heard the Learned counsel for the petitioner and Learned State Government Pleader appearing for R1 to R3, and perused the materials available on record.
- On perusal of the records, it is seen that the petitioner was elected as a President of Marudur Village Panchayat on 06.01.2020. The petitioner, after assuming office, the respondents received several complaints against the petitioner. Hence, the respondents issued a show cause notice dated 18.04.2022 under Section 205(1) of the Tamil Nadu
Panchayats Act 1994, seeking explanation from the petitioner to the charges levelled against her. The petitioner has sought for some documents regarding the audit report and complaint received by the respondents. Since the respondents did not furnish the same, the petitioner filed W.P.No.12045 of 2022 to quash the show cause notice dated 18.04.2022 and for further direction to forbear the respondents from holding any proceedings under Section 205 of the Act. This Court, by order dated 06.05.2022, directed the respondents to furnish the copies of documents sought by the petitioner within two weeks from the date of receipt of copy therefrom and on receipt of such documents, the petitioner was directed to furnish her explanation regarding the allegations raised against her and thereafter, the respondents were directed to proceed further in accordance with law and it was further directed that till the petitioner files her explanation, further proceedings shall be kept in abeyance. - It is also seen from the records that in the aforesaid circumstances, the petitioner was served with a show cause notice dated nil.09.2022 under Section 205 of the Act, calling her explanation to the allegations levelled against her and also the order dated 26.09.2022 under
Section 203 of the Act, taking away the cheque signing power of the petitioner as President, by the 1st respondent by assigning the said power to the concerned Block Development Officer. Challenged the said orders dated nil.09.2022 and 26.09.2022 passed by the 1st respondent, the petitioner filed W.P.No.26904 of 2022 and W.P.No.26905 of 2022 before this Court. This Court, by order dated 06.10.2022, directed the petitioner to cooperate with the respondents until the completion of the aforesaid proceedings and further permitted the petitioner to jointly sign the cheque with the Block Development Officer. Thereafter, explanation was received from the petitioner for the notice dated 18.04.2022 and 26.09.2022 and summon was issued to the petitioner for personal enquiry on 09.12.2022. On 16.12.2022, another show cause notice was issued to the petitioner under Section 205 of the Act, seeking explanation for three charges framed against her. The petitioner submitted her explanation to the said show cause notice on 05.01.2023. After submitting her explanation, the 1st respondent by way of letter dated 23.01.2023 directed the Mettupalayam Tahsildar to take necessary action against the petitioner under Section 205(2) of the Act and submit a report within a period of 15 days. The Mettupalayam Tahsildar, thereafter, sent a letter dated 02.02.2023 to the petitioner / president and the ward members of
Marudur Village Panchayat inviting for a meeting to be held on
09.02.2023, as per the direction given by the 1st respondent. - It is further seen from the records that, aggrieved by the proceeding of the Mettupalayam Tahsildar, the petitioner filed a writ petition in W.P.No.3723 of 2023. This Court, after hearing the counsel on either side, allowed the Writ Petition vide its order dated 14.02.2023 and set aside the order passed by the Mettupalayam Tahsildar and further granted liberty to the 1st respondent to follow appropriate procedure for further course of action if any. Thereafter, the Mettupalayam Tahsildar has issued notice dated 29.03.2023 in Na.Ka.No.423/2023/Aa3 for the meeting to be held on 06.04.2023. Aggrieved by the said notice, the petitioner preferred W.P.No.10600 of 2023 which was dismissed by this Court on 05.04.2023. As against the said order dated 05.04.2023, the petitioner filed a Writ Appeal in W.A.No.1019 of 2023. This Court, after hearing the submission of the respondents, disposed of the writ appeal on 01.11.2023 with the observations “Depending upon the decision taken by the Collector, the parties may take further steps. In that event, all contentions are kept open”. Thereafter, 1st respondent / District Collector has passed the present impugned order in Na.Ka.No.2574/2021(1)/A3 dated 02.02.2024 cancelling the cheque signing power of the petitioner under Section 203 of the Tamil Nadu Panchayat Act, 1994. Aggrieved by the same, present writ petition is filed.
- The learned counsel for the petitioner submits that the impugned order passed by the 1st respondent is without any valid reasons. Further, he submits that the explanation given by the petitioner to the charges levelled against her was not considered by the respondent while passing the impugned order. Also, he submits that the 1st respondent has exceeded his emergency powers and passed the impugned order without any application of mind.
- The Learned State Government Pleader appearing for the respondents 1 to 3 submits that the notice has been issued to the petitioner only based on the complaint received by the respondents and action has been initiated only in accordance with due procedure. Further, he submits that the explanation given by the petitioner to the above said charges was considered by the respondents and the same was not satisfactory. Hence, the impugned order has been passed suspending the cheque signing power after invoking the power under Section 203 of the Tamil Nadu Panchayat Act, 1994.
- On perusal of the impugned order passed by the 1st respondent, it is seen that the explanation of the petitioner was considered by the respondent, but it does not show any specific violation committed by the petitioner in causing loss to the funds of the Panchayat and the Government. Further, the impugned order does not contain any details regarding the explanation submitted by the petitioner and the allegations made against him. The 1st respondent, in the impugned order, has not even stated about the report submitted by the Block Development Officer regarding the inspection made in the Panchayat, based on the complaint of misappropriation of funds filed against the petitioner. The 1st respondent has merely extracted the provisions as well as the earlier orders passed by this Court and passed the impugned order blatantly without any application of mind.
- Since the allegations made against the petitioner are very serious in nature, the 1st respondent should have passed a well-reasoned order by specifying the allegations as well as the explanations submitted
on the same. Since this has not been done in the order of the 1st respondent, there was lack of information about the cancellation of cheque signing power. Hence, the impugned order is liable to be set aside. - Accordingly, the impugned order passed by the 1st respondent is set aside and the 1st respondent is directed to hold an enquiry by giving notice to the petitioner and pass a detailed order after giving an opportunity of hearing to the petitioner on or before 30.09.2024. Till such time, the petitioner shall jointly sign the cheque along with the Block Development Officer, as per the earlier order of this Court.
- In the result, this Writ Petition is allowed. No costs,
Consequently, connected miscellaneous petition is closed.
18.06.2024
raja Index : yes/no
Internet : yes/no
To - The District Collector / Inspector of Panchayats, Coimbatore District, Coimbatore.
- The Personal Assistant to Collector (Development), Coimbatore District, Coimbatore.
- The Assistant Director of Rural Development (Panchayat), Coimbatore District. Coimbatore.
- The Block Development Officer (VP)
Karamadai Panchayat Union Mettupalayam Taluk, Coimbatore District.
V.BHAVANI SUBBAROYAN, J.
raja
W.P.No.2759 of 2024
18.06.2024
https://www.mhc.tn.gov.in/judis
22/22
