Madras High Court
E.Harikrishnan vs P.Baskar ... 1St on 18 February, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.Nos.2563 & 895 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.A.Nos.2563 & 895 of 2024
and
C.M.P.Nos.19322 & 6273 of 2024
W.A.No.2563 of 2024
E.Harikrishnan ... Appellant/3rd party
Vs.
1. P.Baskar ... 1st Respondent/Petitioner
2. Government of Tamil Nadu,
Represented by its Secretary,
Rural Development & Panchayat Raj,
Fort St.George,
Chennai - 9.
3. Government of Tamil Nadu,
Represented by its Directorate of Rural Development,
& Panchayat Raj Department,
Panagal Building, Chennai - 15.
4. The District Collector,
Kancheepuram District,
Kancheepuram. ... Respondents 2 to 4/
Respondents 2 to 4
Page 1 of 10
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W.A.Nos.2563 & 895 of 2024
W.A.No.895 of 2024
1. The Government of Tamil Nadu,
Represented by its Secretary,
Rural Development & Panchayat Raj,
Fort St.George, Chennai - 9.
2. The Government of Tamil Nadu,
Represented by its Directorate of Rural Development,
& Panchayat Raj Department,
Panagal Building, Chennai - 15.
3. The District Collector,
Kancheepuram District. ... Appellants /
Respondents
Vs.
P.Baskar ... Respondent/Petitioner
Common Prayer: Writ appeals filed under Clause 15 of the Letters Patent
Act, to set aside the order dated 11.04.2023 in W.P.No.19308 of 2021.
In W.A.No.2563 of 2024
For Appellant : Mr.S.Thanka Sivan
For Respondents : Mr.J.Srinivasamohan
for M/s TVJ Associates [for R1]
: Mr.T.Chandrasekaran
Special Government Pleader
[For R2 to R4]
Page 2 of 10
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W.A.Nos.2563 & 895 of 2024
In W.A.No.895 of 2024
For Appellants : Mr.T.Chandrasekaran
Special Government Pleader
For Respondent : Mr.J.Srinivasamohan
for M/s TVJ Associates [for R1]
COMMON JUDGMENT
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The intra-court appeals on hand have been instituted challenging the
order dated 11.04.2023 passed in W.P.No.19308 of 2021.
2. The writ petition was instituted by the first respondent
Mr.P.Baskar, challenging G.O.Ms.No.106, Rural Development and
Panchayat Raj (PR-1) Department dated 03.09.2021, insofar as it relates to
allotment of Kolathur Panchayat President post of "ST General" and
consequently direct the respondents to allot Kolathur Panchayat President
post to other eligible reserved category.
3. The facts are not in dispute between the parties. As per
G.O.Ms.No.106, Kolathur, Panchayat President post has been reserved for
"ST General".
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W.A.Nos.2563 & 895 of 2024
4. The learned Counsel appearing on behalf of the first
respondent/writ petitioner would mainly contend that the President Post was
reserved pursuant to the census of the year 2011 and the changes occurred
subsequently are not taken into consideration. That apart, census of the year
2011 itself has been disputed by the first respondent/writ petitioner.
5. The learned Counsel appearing on behalf the private writ
appellant would oppose by stating that the appellant has been elected as Vice
President. He continues to function as such. Under Section 47 of the Tamil
Nadu Panchayats Act, 1994, the Vice President is empowered to act as
President, if the post of President falls vacant. However, in the writ order
impugned, a direction was issued that the District Collector shall exercise
supervisory power in respect of the affairs of the Panchayats. The said
direction is in violation of the provisions of the Panchayats Act. Thus the
writ appeal is to be considered.
6. Mr.T.Chandrasekaran, the learned Special Government Pleader
appearing for the Official respondents/appellants would submit that the State
preferred the present appeal, since G.O.Ms.No.106 dated 03.09.2021 itself
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W.A.Nos.2563 & 895 of 2024
has been quashed by the learned Single Judge, insofar as it relates to
Kolathur Panchayat President Post is concerned.
7. This Court considered the submissions and found that the
learned Single Judge considered all the facts raised between the parties and
formed an opinion that the reservation made to Kolathur Panchayat President
Post is to be reconsidered.
8. In para 10 of the writ order dated 11.04.2023, it is observed that
the Official respondents have to act on the Enquiry Committee report dated
29.07.2016 and take a decision on reserving the constituency. In case, the
respondents have any reservations on the report submitted by the Enquiry
Committee, they shall make a fresh assessment and then take a decision on
reserving the constituency as per the Tamil Nadu Panchayats (Reservation of
Seats and Rotation of Reserved seats) Rules, 1995. The said exercise was
directed to be completed within a period of three months.
9. Due to the pendency of the writ appeals, the Government has not
passed any orders in compliance with the directions issued by the writ Court.
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W.A.Nos.2563 & 895 of 2024
10. The writ court further directed that in order to create a level
playing field, the Kolathur Panchayat shall act with the direct supervision of
the District Collector, Kancheepuram District till the elections are held.
11. This Court is of the considered opinion that this direction would
indirectly nullify the entire elections conducted for the posts of Vice
President and the Ward Members. If the entire administration of the Kolathur
Village Panchayat has been handed over to the District Collector, then the
elected Vice President and Ward Members may not be in a position to
function and it is a direct interference in the democratic elections conducted
in respect of other Posts except the post of President. The dispute in the writ
petition is only regarding the post of President, in the context of the
reservation made in G.O.Ms.No.106, as the said post is reserved for "ST
General." Therefore, nullifying the functions of other elected members would
result in violation of the provisions of the Act. More-so, Article 243E of the
Constitution of India ensures that the elected President, Vice President and
ward members must be allowed to continue till their duration expires.
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W.A.Nos.2563 & 895 of 2024
12. Admittedly, the elected Vice President and elected Ward
Members are functioning and their term has not expired. Therefore, their
functions need not be curtailed. Thus, this Court is of the considered opinion
that the direction issued by the writ court handing over the supervisory power
to the District Collector, Kancheepuram District is running counter to the
provisions of the Panchayats Act and also the democratic principles in the
matter of elections to local bodies.
13. Therefore, this Court is inclined to modify the order.
Accordingly, the Official respondents/appellants in the writ appeals are
directed to comply with the directions issued by the writ Court so as to act on
the Enquiry Committee report dated 29.07.2016 and take a decision on
reserving the constituency. In case, the respondents have any reservation on
the reports submitted by the Enquiry Committee, they shall make a fresh
assessment and then take a decision on reserving the constituency as per the
Tamil Nadu Panchayats (Reservation of Seats and Rotation of Reserved
seats) Rules, 1995.
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W.A.Nos.2563 & 895 of 2024
14. At the outset, the Official respondents/appellants are
directed to decide the said issues on merits and in accordance with law within
a period of one month from the date of receipt of a copy of this order. On
taking such a decision, the election to the post of President is to be conducted
by following due procedures within a period of 2 months, on expiry of the
period of one month. Till such a time new President is elected for Kolathur
Panchayat, Kancheepuram District, the Vice President shall be permitted to
function as President, in view of Section 47 of the Tamil Nadu Panchayat
Act, 1994.
15. The learned Counsel for the first respondent/Mr.P.Baskar
would submit that against the Vice President, criminal cases are pending. It is
for all the stakeholders or the citizens to file a complaint, if any, against the
Vice President and in the event of receiving any such complaint, it is to be
looked into and further actions are to be initiated by following the procedures
as contemplated under the Act and the Rules.
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W.A.Nos.2563 & 895 of 2024
With the above modifications in the writ order, both the Writ
Appeals stand disposed of. No costs. Connected miscellaneous petitions are
closed.
[S.M.S,J.] [K.R.S,J.]
18.02.2025
veda
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
To
1. Government of Tamil Nadu,
Represented by its Secretary,
Rural Development & Panchayat Raj,
Fort St.George,
Chennai - 9.
2. Government of Tamil Nadu,
Represented by its Directorate of Rural Development,
& Panchayat Raj Department,
Panagal Building, Chennai - 15.
3. The District Collector,
Kancheepuram District,
Kancheepuram.
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W.A.Nos.2563 & 895 of 2024
S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
veda
W.A.Nos.2563 & 895 of 2024
18.02.2025
https://www.mhc.tn.gov.in/judis
