Disqualification of Thanigaipolur village panchayat union leader set aside

N Sarala Devi, president, Thanigaipolur Village Panchayat, Arakkonam Panchayat Union, was placed under suspension for three years by the Tamil Nadu State Election Commission (TNSEC) on October 7, 2013 on the premise that she had not filed the accounts as mandated by law. 

She had stated that the accounts were submitted on October 23, 2011 to the Deputy Block Development Officer. Merely because the said officer had since retired, it cannot be said that the same was not received. 

It was also submitted that she was allowed to continue as president till now and thus the suspension order cannot be served as per section 37 (4) of the Tamil Nadu Panchayat’s Act, 1994. 

The counsel appearing for TNSEC contended that Sarala Devi was aware of the show cause notice issued and hence the suspension and the disqualification from contesting the elections was valid. 

However, the division Bench comprising Justice M M Sundresh and Justice R. Mahadevan, said “Section 37(4) mandates that an order of disqualification would become complete by a notification in the Government Gazette. In this case, there was no Gazette publication made. Perhaps, that is the reason why the petitioner was allowed to continue as President. 

Relying upon the impugned order, which has not been Gazetted as mandatory under Section 37(4) of the said Act, the petitioner cannot be disqualified.” 

The bench further directed the Tamil Nadu State Election Commission to permit Sarala Devi contest the local body elections after holding that “ultimately what the petitioner has prayed for in this petition is for an opportunity to contest in the ensuing election.”