The Hindu : Tamil Nadu News : Writ against new polls in Keeripatti

Online edition of India's National Newspaper
Wednesday, May 04, 2005

Tamil Nadu

Tamil Nadu

Writ against new polls in Keeripatti

Staff Reporter

"The Returning Officer of the Keeripatti panchayat received the resignation letter though he was not the competent authority" Panchayat witnessed 19 elections in nine years

CHENNAI: The runner-up in the April 20 byelection to the Keeripatti panchayat, P. Poonkodi, has moved the Madras High Court to prevent the authorities from accepting the resignation of V. Azhagumalai, who resigned his president post minutes after assuming office on April 24.

In his writ petition, Mr. Poonkodi pointed out that during the past nine years, elections had been held 19 times to the reserved local body, and wanted the court to direct the authorities concerned not to hold new polls till March 2006.

Justice A. Kulasekaran, before whom the matter came up for hearing on Tuesday, admitted the plea and ordered notices to the Local Administration Secretary, the State Election Commission and the Madurai District Collector among others, returnable in a week.

Additional Advocate-General A.L. Somayaji submitted that nothing would happen during the next one week, as the matter had come to court.

According to Mr. Poonkodi, who was fielded by the Dalit Panthers, the Returning Officer of the Keeripatti panchayat received the resignation letter though he was not the competent authority. "The farce has been continuing for the past nine years."

`No provision to resign'

Mr. Poonkodi contended that under the Tamil Nadu Panchayat Act 1994 there was no provision for an elected president to resign his office. Section 37, 38 and 38(A) provide for disqualification, while Section 205 provides for removal. There are specific provisions for removing him through no-confidence motion and removal due to conviction. "The legislature has consciously made no provision for resignation by an elected panchayat leader in view of the fact that it is an elected office and the duration is only for five years ... He is bound to discharge the duties to the office to which he is elected."

As regards his another prayer against the appointment of a Special Officer to the panchayat, as was being done so far, Mr. Poonkodi explained that such an appointment would only "encourage majority communalism."

He said the National Commission for SC/ST had gone even to the extent of recommending the blocking of funds to villages that failed to adhere to the Constitutional mandate, and added that to undermine the democratic nature of the Panchayat Act, the State Government amended the Act by which a provision was made to appoint Special Officers in villages where the panchayat could not be constituted.

Mr. Poonkodi alleged that he filed his nomination despite threat to his life, and said, "all our representations to the State Government to deal with the situation with an iron hand failed."

Describing Mr. Azhagumalai as a "puppet candidate" fielded by the majority community of the panchayat, the petitioner said he had come to court after he was left with no other alternative remedy.

In his submissions, senior counsel for the petitioner, K. Chandru, said such resignation letters could be given only to an elected panchayat or the Inspector of Panchayats, the Collector, alone. And, that too, it must be presented in person. He said the amendment by which a Rule had been inserted in the parent Act could not be sustained if the Rule went beyond the Act itself.

The matter is to be taken up for further hearing by the next vacation bench on May 10.

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