M SUBRAMANIAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) By consent of all the parties main writ petition itself is taken up for disposal. Aggrieved by the order of the Government in G.O.Ms.No.32 Rural Development (C1) Department dated 17-4-2003, removing the petitioner from the post of Chairman, Panchayat Union Council, Sendurai, Perambalur District, the petitioner has filed the above writ petition to quash the same and consequently direct the first respondent-Government to reinstate him as Chairman, Sendurai Panchayat Union Council.

(2.) The case of the petitioner is briefly state hereunder: According to him, he was elected as Chairman of Sendurai Panchayat Union Council on 31-10-2001. A written notice of intention to make a motion expressing want of confidence in him was delivered to the Revenue Divisional Officer, Udayarpalayam. Subsequently a meeting was convened on 10-12-2002. In the meanwhile, he filed a writ petition in W.P.No. 41401/2002 assailing the amendment made in Section 212 of the Panchayats Act and the same has been admitted by this Court. The proceedings removing him from the post of Chairman were fully video taped. Prescribed statutory procedures were not followed. The motion laid against him was defeated. This was duly announced by the Revenue Divisional Officer. Thereafter, the vested interests who were against him instigated a pandemonium and in the process the no confidence motion was put to vote for the second time. This is illegal and against all principles of democracy. The papers had since been forwarded to the Secretary to Government. He had lodged complaint stating that there was double voting. Since he apprehended that he may not be allowed to prove this allegation, he filed Writ Petition No. 3490/2003 before this Court and this Court directed the first respondent-Government to give him an opportunity of hearing on 17-2-2003. He appeared in person and produced the video tapes. It could clearly be seen that there was twice voting and that in the first round the motion was defeated. Yet the first respondent had issued the impugned G.O. without even considering or adverting to his objections In these circumstances, in the absence of any alternative or effective remedy, filed the present writ petition for quashing the said impugned order.

(3.) Special Secretary to the Government, Rural Development Department, Chennai-9 has filed a counter affidavit wherein it is stated that the Union Council Members of the Panchayat Union, Sendurai have decided to bring no Confidence motion against M. Subramanian, Chairman, Panchayat Union Council, Sendurai and obtained signatures from 16 Union Councillors. Out of 16 Union Councillors, three of them together have presented the memorandum before the Revenue Divisional Officer, Udyarpalayam on 1-11-2002 along with 9 allegations and show cause notice under Section 212(3) of the Tamilnadu Panchayat Act, 1994 (Tamil Nadu Act 21 of 1994) (in short the Act) was issued to the petitioner-Chairman, Sendurai Panchayat Union along with a copy of the allegation on 8-11-2002, asking him to give his statement in reply to the charges within 7 days from its receipt. The petitioner offered his explanation on 16-11-2002. The allegation of the councillor and vice chairman is that the petitioner failed to carry out the duty cast upon him in administration of panchayat union as per the said Act and Rules and failed to give proper respect to the councillors and Vice-Chairman. Hence, the Union Councillors moved No Confidence motion against the petitioner. The 2nd respondent issued a notice under Section 212 (4) of the said Act to the councillors fixing the date and time of the council meeting to be convened by the 2nd respondent under Section 212 (5) of the Act. At this stage, the petitioner filed a petition challenging the notice dated 8-11-2002. Though this Court has granted interim stay, the same has been vacated on 26-12-2002. Hence the second respondent conducted, the no-Confidence Motion on 10-12-2002 after giving appropriate notice to the petitioner and other councillors. A detailed report was submitted to the Secretary, Rural Development on 10-12-2002 stating that 15 councillors out of 19 casted their vote in favour of the No-Confidence motion and signed in the Minutes to that effect. The petitioner gave a representation against the Revenue Divisional Officer to the Government stating that at the time of conducting No confidence motion on first occasion, when the voting took place on 10-12-2002 the motion was defeated and subsequently, there was a pentemonium and it is claimed that there after again the motion was stated to have been passed and thereby the No-Confidence motion said to have been passed is not in accordance with the Act and the Rules and thereby is invalid. Even the W.P.No. 3490/2003 filed by the petitioner has been disposed of by this Court on 5-2-2003 directing the petitioner to appear before the first respondent on 17-2-2003. He appeared on that date and necessary opportunity was given to the petitioner. He was also heard in person. The cassette produced by the petitioner was also seen by the first respondent. The petitioner gave in writing that the video cassette was witnessed. A report was called for from the District Collector, who submitted a report on 25-2-2003 stating that the voting took place in one sitting and thereby no confidence motion against the Chairman should be considered as passed, since out of 19 councillors, 15 councillors voted in favour of No Confidence Motion and the No Confidence Motion has been passed as per Act and Rules. On receipt of the report, the first respondent passed an order on 13-03-2003 with a view to comply the order of this Court dated 28-02-2003. After considering all the materials finally, the Government accepted the draft Notification and passed the impugned order. The same was gazetted on 17-04-2003 removing the petitioner from the post of Chairman of the Panchayat Union council, Sendurai as per sub-section 13 of Section 212 of the Act. As directed by this Court, the petitioner was heard in person. His video cassette was seen in his presence. After getting report from the District Collector, the Government have passed the order on 17-4-2003, removing the petitioner from the post of Chairman, Sendurai Panchayat Union Council.