Only government can disqualify civic member

CHENNAI: The government alone is empowered to decide disqualification of a ward member of a panchayat union, the Madras HC has ruled.Justice K Chandru gave the ruling, while setting aside an order of the Erode Collector, who was also the Inspector of the panchayat unions in the district, referring the issue to the State Election Commission. Originally, the Chennimalai panchayat council passed a resolution in April last year to disqualify 12th ward member P Gopalakrishnan as he did not attend the council meetings on three occasions consecutively. Forwarding the resolution to the State Election Commissioner for necessary orders, the collector held that in the interregnum, there would be no disqualification. Aggrieved, the panchayat president K Chinnasamy preferred the present writ plea to set aside the collector’s order. Allowing the writ plea, Justice Chandru said that in view of the amendment made to Section 41 of the TN Panchayat Act, the inspector (district collector) would have to merely refer the case to the government, whose decision would be final. The government must obtain the opinion from the election commission. Hence, it was for the state government to decide in accordance with law and obtain the opinion of the State Election Commission, the judge said.