S. Perumal, President, Mangalam Village Panchayat vs The District Collector-cum-Inspector of Panchayats, The Block Development Officer (Village Panchayats) and The Manager, Indian Bank

R. Sudhakar, J.—Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records relating to Na. Ka. A2/797/2011 dated

29.3.2011 on the file of the first Respondent and quash the same.

Mr. S. Shivashanmugam, learned Government Advocate appears for the Respondents 1 and 2. In view of the order that is to be passed in this

matter, the notice to the third Respondent is dispensed with

Petitioner in this case is an elected representative and the President of the Village Panchayat. In the course of performance of his duties, it was

brought to the attention of the first Respondent that the Petitioner is acting detrimental to the interest of the panchayat for which proceedings were

initiated u/s 205 of the Panchayat Act. Consequently, proceedings u/s 203 of the Act was also initiated. Petitioner submitted his explanation. The

first Respondent passed the impugned order withdrawing the cheque signing power of the Petitioner and the same was handed over to the Block

Development Officer, the second Respondent, until further orders. This order has been passed by the first Respondent in exercise of power u/s

203 of the Tamil Nadu Panchayats Act, 1994, which reads as follows:

Emergency powers of Collector and Inspector: Subject to such control as may be prescribed, the Inspector or the Collector may, in cases of

emergency, direct or provide for the execution of any work, or the doing of any act which a Panchayat or Executive Authority or Commissioner or

Secretary is empowered to execute or do and the immediate execution or doing of which is in his opinion necessary for the safety of the public and

may direct that the expense of executing such work or doing such act shall be paid by the person having the custody of the Village Panchayat Fund

or the Panchayat Union (General) Fund or the District Panchayat (General) Fund in priority to any other charges against such Fund except charges

for the service of authorized loans.

Insofar as the proceedings initiated u/s 205 of the Act, Petitioner has filed a separate Writ Petition No. 8857 of 2011.

The present writ petition relates to challenge to the order passed u/s 203 of the Tamil Nadu Panchayats Act. In this case, five charges were

levelled against the Petitioner for which he has given an explanation. Pending further proceedings u/s 205 of the Act, the Collector-cum-the

Inspector of Panchayats, the first Respondent passed an order u/s 203 of the Act withdrawing the cheque signing power and handing it over to the

second Respondent Block Development Officer.

The facts of the present case is clearly covered by the decision of the Division Bench of this Court in P. Suganthi Vs. The District Collector cum

Inspector of Panchayats and The Block Development Officer (Village Panchayats), wherein the Division Bench held in para 11 as follows:

When the proceedings is initiated as against the President of village related to financial misdeeds, we are of the view that the transferring the

cheque signing power from the Village President to Block Development Officer, the Second Respondent is definitely a case of emergency fitting

within the provisions of Section 203 of the Act. If the Appellant is allowed to continue to sign the cheques, it would amount to endorse the alleged

irregularities committed by the Appellant. Moreover, the transferring of cheque signing power is only an interim arrangement, till the completion of

the proceedings initiated as against the Appellant u/s 205 of the Act.

Further, the reasoning given by me in the order dated 21.4.2011 rendered in W.P. No. 9378 of 2011 will also apply to the facts of the present

case, insofar as the power of the Collector-cum-Inspector of Panchayats. Paragraphs 7 to 9 of the decision rendered in W.P. No. 9378 of 2011

reads as follows:

Further, on going through the provisions of Section 203 of the Tamil Nadu Panchayats Act, 1994, it is apparent that the Collector, the Inspector

of Panchayats has the power to direct or provide for the execution of any work or the doing of any act which a Panchayat or Executive Authority

or Commissioner, etc., is empowered to execute or do and in exercise of such function and the Collector may direct that the expenses of executing

such work or doing such act shall be paid by the person having the custody of the Village Panchayat Fund or the Panchayat Union (General) Fund

etc. This provision presupposes the exercise of such power in cases of emergency under any contingency at the discretion of the Inspector of

Panchayats. This power, however, will have to be exercised for good reasons.

In the present case, in view of the allegations against the President of the Village Panchayat, supported by reasons, the cheque signing power

alone has been taken away as an interim measure.

The exercise of such power is well within the power of the Inspector of Panchayats u/s 203 of the Tamil Nadu Panchayats Act. This Court finds

no infirmity in the power exercised by the Collector, the Inspector of Panchayats, in accordance with Section 203 of the Act. The challenge to the

said order on the ground of lack of jurisdiction, therefore, fails.

As pleaded by the learned Counsel for the Petitioner, insofar as the factual aspect of this case is concerned, the Petitioner is at liberty to file a

Revision u/s 219 of the Tamil Nadu Panchayats Act, 1994, before the Government and ventilate his grievance as per the said provision.

The Writ Petition stands dismissed giving liberty as above. No costs. Consequently, the interim order granted in M.P. No. 1 of 2011 is vacated

and the miscellaneous petition is dismissed.