Allowed

K.Saraswathi v. the Inspector of Panchayats / District Collector

Madras HC16 May 2024WP/13568/2024

Case brief

AI extract

What is this about?

The High Court quashed a notice of meeting calling for proceedings to unseat elected members under Section 205 of the Panchayats Act, finding bias in ignoring the petitioner's explanation. The Court directed the District Collector to grant a fresh opportunity to submit explanations and dispose of the notice strictly following due procedure.

What did the court decide?

Impugned notice of meeting quashed; direction to afford fresh opportunity and follow due procedure under Section 205.

K.Saraswathi Vs the Inspector of Panchayats /… — Labour and Industrial Disputes | Madras HC (2024)

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W.P.No.13568 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.05.2024

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CORAM :

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THE HON'BLE MS. JUSTICE P.T.ASHA

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W.P.No.13568 of 2024 and W.M.P.Nos.14722 and 14723 of 2024

1.K.Saraswathi

2.C.Suresh

3.R.Sathyamoorthy

... Petitioners

Vs.

1.The Inspector of Panchayats / District Collector Ranipet District

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2.The Tahsildar Walaja (T.K.) Ranipet (Dist.) ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the entire records relating to the notice of meeting in Na.Ka.No.Aa1/987/2024 dated 02.05.2024 by the 2nd respondent and quash the same.

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For Petitioner : Mr.L.P.Shanmugasundaram

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For Respondents : Mr.G.Nanmaran Special Govt. Pleader - R1 & R2

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https://www.mhc.tn.gov.in/judis

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W.P.No.13568 of 2024

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ORDER

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This writ petition has been filed seeking for issuance of a Writ of Writ

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of Certiorari calling for the entire records relating to the notice of meeting in Na.Ka.No.Aa1/987/2024 dated 02.05.2024 by the 2nd respondent and quash the same.

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Heard the learned counsel for the petitioner and Mr.G.Nanmaran, the learned Special Government Pleader appearing for the respondents.

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3.One of the allegations made challenging the impugned notice of meeting is that the explanation to the show cause notice given by the petitioner has not been properly considered which is evident from the fact that there is not even a mention about the explanation in the impugned notice. This clearly shows the bias on the part of the 1st respondent and the 1st respondent appears to have prejudged the issue.

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3.The learned Special Government Pleader appearing for the respondents would submit that in the light of the above submissions, they are ready to afford a fresh opportunity to the petitioners to submit their explanations to the show cause notice dated 08.03.2024 and fresh 2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.13568 of 2024

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proceedings as contemplated under Section 205 of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as the 'Panchayats Act') shall be followed.

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4.Taking into account the above submissions, the petitioners are hereby directed to offer their explanations on the show cause notice dated 08.03.2024 to the respondent concerned on or before 05.06.2024. Thereafter, following the due procedure contemplated under Section 205 of the Panchayats Act, the 1st respondent shall proceed to dispose of the show cause notice. The 1st respondent shall bear in mind the judgment of Division Bench of this Court reported in 2011 (5) CTC 197 (W.A.No.2389 of 2010) dated 22.03.2011, wherein this Court has observed that the provisions under Section 205 of the Panchayats Act is a drastic provision by which the 1st respondent / District Collector would be unseating elected members and therefore a onus is placed on the 1st respondent to exercise his rights with utmost circumspection. Therefore, this Court is inclined to allow this Writ Petition.

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P.T.ASHA, J.

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https://www.mhc.tn.gov.in/judis

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W.P.No.13568 of 2024

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kas

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5.This Writ Petition stands allowed with the above direction. Consequently, the impugned notice of meeting in Na.Ka.No.Aa1/987/2024 dated 02.05.2024 by the 2nd respondent is hereby quashed. No costs. Consequently, the connected miscellaneous petitions are closed.

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16.05.2024 kas Index:Yes/No Neutral Citation To 1.The Inspector of Panchayats / District Collector Ranipet District 2.The Tahsildar Walaja (T.K.) Ranipet (Dist.)

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W.P.No.13568 of 2024 and W.M.P.Nos.14722 and 14723 of 2024

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https://www.mhc.tn.gov.in/judis

K.Saraswathi v. the Inspector of Panchayats / District Collector

Case brief

What is this about?

What did the court decide?

K.Saraswathi v. the Inspector of Panchayats / District Collector

Case brief

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What the court decided

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