: Madras High Court today quashed orders of Villipuram District Collector, also the Inspector of Panchayats, removing the President and Vice president of Nallavur in the District for allegedly not exercising proper control over its affairs, resulting in financial loss to the Panchayat.
"There is nothing to show that the proposal of District Collector to remove the above from their elected office was read out in the meeting convened by the Tahsildar. This being a mandatory requirement under Section 205(8) of the Tamil Nadu Panchayat's Act,1994 would vitiate the entire Proceedings," Justice T S Sivagnanam said.
The judge quashed the order on petitions by V Kasturi, the panchayat president and B Shathivel, its Vice President.
The matter relates to their removal from their elected office by the Collector, following which they moved the High Court.
Petitioners' counsel submitted that though nine Charges had been framed by the Collector against his clients those do not allege they had misappropriated funds. He argued that the charges largely proceeds that they did not enforce rules and regulations, resulting in financial loss to the Panchayat and did not exercise proper control over its affairs.
The petitioners submitted their explanations stating that Panchayat clerks and BDO were responsible for it. They alleged that their signatures were forged and despite their complaint to BDO, he has not taken any action to transfer them and instead connived and retained them by supporting.
The Judge said it was only lack of supervision and lack of control, which the petitioners explained was on account of the hostile atmosphere created by the Panchayat with the connivance of the BDO.
"In the light of the above this court is of the view that the impugned removal orders are quashed.
