Madras High Court
R.Sumathi vs The District Collector on 27 September, 2023
W.P.No.24824 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P. No.24824 of 2023
and W.M.P.No.24224 of 2023
1. R.Sumathi
2. R.Barathiraja ...Petitioners
Vs.
1.The District Collector,
Kancheepuram District,
Kancheepuram.
2.Assistant Director,
Village Panchayat,
Kancheepuram District,
Kancheepuram.
3.The Block Development Officer,
Village Panchayat,
Kundrathur Panchayat Union,
Padapai, Kancheepuram. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records on the files of
the 1st respondent herein, vide., his proceedings in Na.Ka.No. 2504/2022/A6,
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1/12
W.P.No.24824 of 2023
dated 14.07.2023 to quash the same and direct the 1st respondent herein to
conduct an enquiry by providing an opportunity of personal hearing to the
petitioners.
For Petitioners : Mr.S.Sarath Kumar
For Respondents : Mr.N.Naveenkumar
Government Advocate
ORDER
The writ petition is filed by the President and Vice President of the
Panchayat challenging the order passed by the 1st respondent withdrawing the
cheque signing power available to the petitioners and transferring the same to
the 3rd respondent and Zonal Deputy Block Development Officer.
2.It is the case of the petitioners that they are duly elected President and
Vice President of Vaipoor Village, Kundrathur Union, Kancheepuram District
and they have been performing their duties in accordance with law. The
impugned order has been passed by the 1 st respondent withdrawing the cheque
signing power of the petitioners without any reason. Aggrieved by the same,
the petitioners are before this Court.
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W.P.No.24824 of 2023
3.The learned counsel for the petitioners assailed the impugned order on
the ground that the cheque signing power is the statutory power available to
the petitioners under Section 188(3) of the Tamil Nadu Panchayat Act, 1994
and the same cannot be taken away by the 1st respondent in the absence of any
enabling power. The learned counsel further submits that in the impugned
order, the 1st respondent has not given any reason for withdrawing the
statutory power available to the petitioners. Therefore, being a non speaking
order, the same is liable to be set aside. In support of his contention, the
learned counsel also relied on the judgment of this Court in Logeshwari vs.
The District Collector, Tiruchirappalli reported in 2013 (2) CTC 846 and
N.Pachaiyammal vs. The District Collector, Villupuram in W.P.No.20046 of
2023 dated 14.07.2023 reported in 2023 4 LW 264.
4.Mr.N.Naveenkumar, learned Government Advocate appearing for the
respondents by taking this Court to the counter affidavit filed by the 1st
respondent submits that there are various allegations against the petitioners
regarding their style of functioning. Therefore, the proceedings have been
initiated against the petitioners for their removal under Section 205 and 206 of
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W.P.No.24824 of 2023
the Tamil Nadu Panchayat Act, 1994. It is further submitted that the 1 st
respondent, who is a women President of the Panchayat allowed her relatives
to interfere with the affairs of the Panchayat and the same is against the order
passed by the Government in Na.Ka.No.43040/2020/Para. 1,3 dated
04.08.2021.
5.The cheque signing power available to the President and Vice
President of the Panchayat is a stautory power under Section 188(3) of the
Tamil Nadu Panchayat Act, 1994. The said provision reads as follows;
“(3) Subject to such general control as the Village
Panchayat may exercise from time to time, all cheques for
payment from Village Panchayat Fund shall be signed jointly
by the President and Vice President and in the absence of the
President or Vice President, as the case may be, by the Vice
President or the President and another member authorised by
the Village Panchayat at a meeting in this behalf”.
6.A reading of above said provision would make it clear that the
statutory power available to the petitioners can be taken away only in their
absence that too based on the resolution passed by the Panchayat empowering
another member to sign the cheques. Therefore, there is no enabling provision
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W.P.No.24824 of 2023
in the Panchayat empowering the 1st respondent to withdraw the cheque
signing power of the President and Vice President and confer the same to the
3rd respondent or other Sub-ordinate Officials. The said position has been laid
down by this Court in Logeshwari vs. The District Collector,
Tiruchirappalli reported in 2013 (2) CTC 84. The relevant observation of
this Court reads as follows;
“21. The Collectors are very often exercising this
power to take away the cheque signing powers of the
President and Vice-President. The power to sign cheque is a
statutory power conferred on the President and Vice-
President under sub-section (3) of Section 188 of the Act. The
President and the Vice-President are under the general
control of the Village Panchayat. The statutory power given
to the President of the Panchayat or Vice-President cannot be
taken away by the Inspector of Panchayat, by exercising the
emergency powers. Since the cheque signing facility is given
by the statute, there should be a specific power conferred
upon the Inspector of Panchayats to take away such power.
So long as there are no specific provisions to take away the
cheque signing power of the President or Vice-President, the
Collector cannot invoke incidental or emergent powers to
divest the elected representatives of their statutory right.
22. The Inspector of Panchayats is given power under
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W.P.No.24824 of 2023
Section 205 of the Act to remove the President from office.
Similar powers are given under Section 206 of the Act for the
purpose of removal of Vice-President. Sub-Section (b) of
Section 205(1) of the Act gives authority to the Inspector of
Panchayats to take action against the President of
Panchayat, in case it is made out that the President abused
the power vested in him. In case it is made out that the
President abused the cheque signing power, and
misappropriated the public funds, the same can be a valid
reason to initiate action for removal under Section 205 of the
Act.
23. The President is an elected representative of the
people of the village. The Constitution and the Panchayat Act
wanted to give financial powers to the local body and it was
only for the said purpose, the legislature has vested the
Executive Authority on the Panchayat. The Legislature has
given the cheque signing power to the President and Vice-
President. The cheques have to be signed jointly by the
President and Vice-President and in the absence of the
President or Vice-President, as the case may be, by another
member authorized by the Village Panchayat. Such a power
cannot be taken away by the District Collector lightly by
invoking the emergency powers.
The Legal Principles:
24. The importance of Panchayat Raj Institutions in the
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W.P.No.24824 of 2023
light of Constitution (Seventy-third Amendment) Act, 1992
was indicated by the Supreme Court in Village Panchayat,
Calangute v. The Additional Director of Panchayat, 2012 (3)
MWN (Civil) 319 (SC) : 2012 (7) SCC 550. The Supreme
Court observed:
"22. An analysis of Article 40 and Articles 243 to
243-O shows that the Framers of the Constitution had
envisaged the Village Panchayat to be the foundation of the
country's political democracy - a decentralised form of
Government where each village was to be responsible for its
own affairs. By enacting the Constitution (Seventy-third
Amendment) Act, Parliament has attempted to remedy the
defects and remove the deficiencies of the Panchayat Raj
system evolved after Independence, which failed to live up to
the expectation of the people in rural India. The provisions
contained in Part IX provide firm basis for self-governance
by the people at the grass root through the institution of
panchayats at different levels.
23. For achieving the objectives enshrined in
Part IX of the Constitution, the State Legislatures have
enacted laws and made provision for devolution of powers
upon and assigned various functions listed in the Eleventh
Schedule to the panchayats. The primary focus of the subjects
enumerated in the Eleventh Schedule is on social and
economic development of the rural parts of the country by
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W.P.No.24824 of 2023
conferring upon the panchayat the status of a Constitutional
body. Parliament has ensured that the panchayats would no
longer perform the role of simply executing the programs and
policies evolved by the political executive of the State. By
virtue of the provisions contained in Part IX, the panchayats
have been empowered to formulate and implement their own
programs of economic development and social justice in tune
with their status as the third tier of the Government which is
mandated to represent the interests of the people living
within its jurisdiction. The system of panchayats envisaged in
this part aims at establishing strong and accountable systems
of governance that will in turn ensure more equitable
distribution of resources in a manner beneficial to all."
Declaration of Law:
25. The law is, therefore, clear that the District
Collector has no power under Section 203 of the Panchayat
Act to take away the cheque signing power of the President
and the Vice-President.
26.Therefore, I am of the view that the First
Respondent was not justified in invoking the jurisdiction
under Section 203 of the Act to divest the President of her
cheque signing power.”
7. The above said decision of this Court has been followed by me in
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W.P.No.24824 of 2023
N.Pachaiyammal vs. The District Collector, Villupuram in W.P.No.20046 of
2023 dated 14.07.2023 reported in 2023 (4) LW 264 .Therefore, in the
absence of any enabling provision empowering the 1st respondent to take away
the cheque signing power of the petitioners, the 1st respondent is not justified in
passing the impugned order by withdrawing the statutory power even
assuming the 1st respondent is empowered to withdrawing the cheque signing
power of the petitioners, the same cannot be done without any sufficient
reasons. In the impugned order, the 1st respondent has not given any reason for
withdrawing the cheque signing power available to the President and Vice
President of the Panchayat. Though in the counter affidavit filed by the 1st
respondent, he tried to support the impugned order by stating that based on
various allegations made against the petitioners, proceedings had been initiated
for petitioners' removal from the post of President and Vice President, the said
allegations were not at all referred to in the impugned order .
8.It is not the case of the 1 st respondent, as seen from the impugned
order, if the petitioners are allowed to exercise their statutory power pending
proceedings under Section 205 and 206 of the Tamil Nadu Panchayat Act,
1994, it would cause serious prejudice to the interest of panchayat. In these
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W.P.No.24824 of 2023
circumstances, being a non speaking order, the impugned order cannot be
allowed to stand. Order impugned is liable to be set aside on that ground also.
9.It is made clear that allowing of this writ petition will not preclude the
1st respondent from proceedings further against the petitioners under Section
205 and 206 of the Tamil Nadu Panchayat Act, 1994.
10.In view of the discussions made earlier, the writ petition stands
allowed by setting aside the impugned order. No cost. Consequently, connected
miscellaneous petition is closed.
27.09.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation Case : Yes/No
nti
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W.P.No.24824 of 2023
To
1.The District Collector,
Kancheepuram District,
Kancheepuram.
2.Assistant Director,
Village Panchayat,
Kancheepuram District,
Kancheepuram.
3.The Block Development Officer,
Village Panchayat,
Kundrathur Panchayat Union,
Padapai, Kancheepuram.
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W.P.No.24824 of 2023
S.SOUNTHAR, J.
nti
W.P. No.24824 of 2023
27.09.2023
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