Tamil Nadu   

Two options for disqualified local body members

A. Subramani

They can approach the Council or court

CHENNAI: Local body members, disqualified for failing to attend three consecutive meetings of the Council, have only two options to get their positions restored — by making an application to the Council for restoration of membership or approaching a district munsif court for a similar remedy.

Justice E. Dharma Rao of the Madras High Court, who passed the order on a writ petition, made it clear that no third option was available.

The matter relates to the disqualification of U. Deivasigamani, vice-president of Goundachi Pudur panchayat in Erode district, after he failed to attend council meetings for three months.

Besides ratifying his disqualification, the council authorised another member to sign cheques along with the president.

Collector's action challenged

However, the Collector declined to approve of the move and restored the position of Mr. Deivasigamani. The writ petition challenged the action of the Collector, on the ground that he had interfered with the independent functioning of the panchayat, that too, without jurisdiction.

Mr. Justice Dharma Rao said the Collector had passed the impugned order on an "erroneous interpretation" of the law and he had failed to give the council an opportunity to offer its explanation.

Pointing out that the vice-president's plea for restoration of membership was rejected by the council, the judge said the only course open to the vice-president was to approach the prescribed judicial authority within two months from the date of intimation of disqualification.

Since he had not approached the judicial forum within the stipulated time, he ceased to be a member.

Disqualification upheld

The judge upheld the disqualification of the vice-president on the ground that the disqualified member had failed to move court within the mandatory period and the Collector passed the impugned order without hearing the Council's views.

He also upheld the nomination of another member to be a co-signatory, as the Tamil Nadu Panchayats Act provides for such an option in the absence of the vice-president.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Bringing about a blend of e-learning and traditional methods
Assessing autonomy of institutions
All for the nation's security
Grooming the country's bureaucrats
Obtain final Cauvery tribunal award: farmers
The spotlight on human resources
Two options for disqualified local body members
Pondicherry AIADMK pleased with its performance
Police shift focus from Poes Garden to Gopalapuram
It's all about higher education
City students develop fuel-efficient engine
Chembarambakkam to be linked to Chennai
New disease causes panic among villages
Briefly

Copyright © 2006, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu