WP(MD)No.23506 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W .P(MD)No.23506 of 2025 and WMP(MD)No.18467 of 2025 A.Ramachandran : Petitioner Vs. 1.The Inspector of Panchayats/ District Collector, Tenkasi District. 2.The Block Development Officer, (Village Panchayat) Keelapavur Panchayat Union, Keelapavur 3.The Vice President, Kulasekarapatti Panchayat, Tenkasi Taluk & District. 4.P.Palaniappan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 4th respondent from acting as the Vice President of Kulasekirapatinam Panchayat, Tenkasi Taluk, Tirunelveli District as the same is against the provisions of the Tamilnadu Panchayat Act, 1994 and to pass such further or other orders. 1/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 For Petitioner : Mr.Selva Aditya.S For 1st Respondent : Mr.K.R.Badurus Zaman Government Advocate For R2 and R3 : Mr.M.Gangatharan Government Advocate For 4th Respondent : Mr.K.Jeyamohan O R D E R This writ petition is being disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3 as well as the learned counsel for the 4th respondent. 2.The writ petition has been filed for a direction to forbear the 4th respondent from acting as the Vice President of Kulasekirapatinam Panchayat, Tenkasi Taluk, Tirunelveli District as the same is against the provisions of the Tamil Nadu Panchayat Act, 1994. 3.The petitioner appears to be a member of the 10th Ward. The petitioner is aggrieved by the impugned resolution of the Panchayat, whereby the 4th respondent has been designated as Vice President. The 4th respondent is the member of the 12th Ward. 2/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 4.It is submitted by the learned counsel for the petitioner that the designation of the 4th respondent as Vice President is clearly contrary to the provisions of the Tamil Nadu Panchayat Act, 1994. Specifically, a reference was made to sections 47(1) and 47(4) of the Tamil Nadu Panchayat Act, 1994. It is submitted that there is no justification in designating the 4th respondent as the Vice President merely because the Vice President has stepped into the shoes of the President in view of the disqualification incurred by the President namely Muthumalai Ammal who had incidentally approached this court in WP(MD)No.27778 of 2024 wherein she had challenged disqualification which was dismissed on 20/08/2025 with a liberty to file an appeal in terms of section 205(12) of the Tamil Nadu Panchayat Act, 1994 in terms of the decision of the Division Bench of this court as mentioned therein. 5.The learned counsel appearing for the 4th respondent would submit that the petitioner is nursing personal angst against the 4th respondent and therefore, selectively decided to target the 4th respondent alone. It is submitted that the petitioner has not challenged the designation of the Vice Chairman namely Thiruvalar 3/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 Selvi as the President, vide resolution dated 19/11/2024 of the Panchayat and the proceedings of the Block Development Officer dated 15/11/2024. 6.The learned counsel appearing for the official respondents, on the other hand, would submit that as per section 188(3) of the Tamil Nadu Panchayat Act, 1994, all cheques for payment from Village Panchayat Fund is to be signed jointly by the President and Vice President and in the absence of the President or Vice President, as the case may be, the Vice President or the President and another member can be authorised by the Village Panchayat at a meeting in this behalf, can be authorised the cheques signed for payment from the said fund from the Village Panchayat. 7.I have considered the arguments advanced by the petitioner and the learned counsel appearing for the respondents. 8.They are two resolutions passed by the members of the Ward. Both resolutions are dated 19/11/2024. By the first resolution, Thiruvalar Selvi has been designed as the President in view of the vacancy to the 4/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 office of the President and by the second resolution, the 4th respondent has been designated as Vice President. These resolutions are reproduced below:- “Fyrfug;gl;o Cuhl;rpkd;wk; - mtruf; Tl;lk; tUfpd;w 19.11.2024. brt;tha;f;fpHik fhiy 11.00 kzpf;f itf;fg;gLk; bghUs; Fwpg;g[fs; bghUs;.1 fPHg;ght{h; Cuhl;rp xd;wpak; Fynrfug;gl;o Cuhl;rpkd;wk jiyth; jpUkjp.Kj;Jkhiyak;khs; vd;gtiu jkpH;ehL Cuhl;rpfs; rl;lk; 1994 gphpt[ 205(11)d; go Cuhl;rpkd;wj; jiyth; gjtpapy; ,Ue;J ePf;fk; bra;ag;gl;lJ bjd;fhrp khtl;l Ml;rpj; jiyth;/Cuhl;rpfspd; Ma;thsh; mth;fspd; bray;Kiw Miz vz; e.f.vz;.COLRD/1756/2022-A6> ehs; 05.11.2024d; go ePf;fk; bra;ag;gl;lJ bjhlh;ghf mwptpf;if jkpH;ehL murpjH; mwptpf;if vz;.361 ehs; 08.11.2024d; go 08.11.2024k; njjp Kjy; Cuhl;rpkd;wj; Jizj; jiyth; kw;Wk; 7tJ thh;L cWg;gpduhf gzpg[hpe;J tUk; jpUkjp rh.jpUthsh;r;bry;tp vd;gth; jkpH;ehL Cuhl;rpfs; rl;lk; 1994 gphpt[ 47(1)d; go Cuhl;rp kd;wj; jiytuhf bghWg;ghf;fgl;Ls;shh;. 5/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 Cuhl;rp kd;w bghWg;g[ Jizj; jiyth; njh;t[ bra;akd;wk; xg;gjYf;fhf jPh;khd vz;.128 ehs; 19.11.2024 Fynrfugl;o Cuhl;rpapy; 19.11.2024 md;W bghWg;g[ Jizj; jiyth; vd;gth; njh;t[ braag;gl;lhh; P.gHdpag;gd; 12tJ thh;L cWg;gpdh;. ........ From, A.Ramachandran, S/o.Arunachalam, Member, 10th Ward, Kulasekarapatti Panchayat, Tenkasi Taluk & District Cell:9442276244. To, 1.The Inspector of Panchayats/District Collector, Tenkasi District. 2.The Block Development Officer (Village Panchayat) Keelapavur Panchayat Union, Keelapavur. 3.The Vice President/President (Incharge) Kulasekarapatti Panchayat, Tenkasi Taluk & District. Sub:Illegal Resolution, electing Vice President – Cancellation -reg. Ref:-W.P(MD)No.27776/2024 – Hon'ble High Court of Madras, Madurai Bench Respected Sir, 1. I am the elected member of the 10th ward of Kulasekarapatti Panchayat. With this representation I bring to your knowledge the illegal resolution 6/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 passed by the said Panchayat under No.128 dated 19/11/2024 in my absence with the prayer to cancel the resolution in exercise of your power under Section 202 of the Tamil Nadu Panchayats Act, 1994. 2. I submit that the election to the Panchayat Council of Kulasekarapatti Panchayat was conducted in the year 2021 and one Muthumalai Ammal was elected as President and assumed office on October, 2021. The said Panchayat has 15 wards. I am elected as member of 10th Ward. The Vice President was also elected in the 1st Council meeting. 3. I submit that by notification in Na.Ka.No.COLRD/1756/2022-A6 dated 08/11/2024 and published in Tamilnadu Gazette dated 08/11/2024, the President of the Panchayat was removed under Section 205(11) of the Tamil Nadu Panchayat Act, 1994. 4. I submit that in view of the vacancy in the office of the President, the Vice President is entitled to exercise the functions of the President as President (incharge) under Section 47(1) of Tamil Nadu Panchayat Act, 1994. 7/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 5. I submit that under Section 47(1), the Vice President continues to be the Vice President and is only an incharge President to carry out the functions of the President till such time a new President is elected. 6. I submit that the President who was removed by the above notification filed a Writ Petition in W.P(MD)No.27778/2024 before the Hon'ble High Court of Madras, Madurai Bench and that the Hon'ble Court by Order, dated 21/11/2024 stayed the notification. As such, the President continued to hold the post of the President. 7. I submit that I have come to know that the Writ petition filed by a President was dismissed by the Hon'ble High Court by order dated 20/08/2025. In view of the same, the notification removing the President has come into effect and that the Vice President would function as President (incharge) under Section 47 of Tamilnadu Panchayat Act, 1994. 8. I submit that in the above circumstances, one Mr.P.Palaniappan the member of the 12th Ward is claiming that he was elected as Vice President of 8/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 the above Panchayat by a resolution No.128 dated 19/11/2024. I could not attend the meeting but in view of the interim stay granted by the Hon'ble High Court the resolution was not put into effect. 9. I submit that in the event of the Vice President exercising the functions of the vice President under Section 47(1), he is at the best a President (Incharge) but continues to be the Vice President. I reiterate that the Vice President will not demit the office of the Vice President in doing the functions of the President under Section 47(1) of Tamilnadu Panchayat Act, 1994. Hence no such resolution can be passed electing any persons as Vice President. 10. I submit that nowhere in the provisions of the Tamilnadu Panchayat Act, 1994 or the Rules, a Vice President can be elected by the Council in the event of the Vice President carrying out the functions of the President under Section 47(1) of Tamilnadu Panchayat Act, 1994. 11. I submit that a Vice President to the Panchayat Council could be elected only in accordance with the part VIII of the Tamilnadu Panchayat (Election) 9/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 Rules, 1995. There is no Rules which entitles a Council to convene or its own to elect a Vice President. 12. I submit that in the aforesaid premises, the resolution No.128 dated 19/11/2024 is totally illegal and beyond the process of the Panchayat Council. No persons can be elected or claim himself as Vice President unless and until he is elected in accordance with the part of the part VIII of the Tamilnadu Panchayat (Election) Rules, 1995. 13. I submit that in view of the dismissal of the Writ Petition filed by the President, the said Palaniappan is claiming among the members as if he is a Vice President and that he will carry out the functions of Vice President which is not only illegal but a criminal offence. Apart from me, the undesignated other ward members are joining with me in submitting the aforesaid representation. 14. I submit that in the aforesaid premise, it is just and necessary that the resolution No.128 dated 19/11/2024 is to be suspended with immediate effect under Section 202(1)(i) of the Tamilnadu Panchayat 10/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 Act, 1994, pending the enquiry into the illegality of the aforesaid resolution. I further pray that this Hon'ble Authority to cancel the resolution No.128 dated 19/11/2024 conducting an enquiry and pass necessary orders. Date:21/8/25 Yours Truly, Place: 1.sd/-xxx 2.sd/-xxx 3.sd/-xxx 4.sd/-xxx 5.sd/-xxx Encl: Copy of the Resolution No.128 dated 19/11/2024” 9.The Scheme of the Panchayat Act, 1994 makes it clear that once there is a vacancy to the office of the President, the Vice President can exercise the function of the President until a new President is declared/elected or assumes office. This is clear from a reading of section 47(1) of the Tamil Nadu Panchayat Act, 1944. The same reads as under:- “47.Devolution of President’s functions and filling up of vacancies in 11/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 the office of President.-(1) When the office of President is vacant, the Vice- President shall exercise the functions of the President until a new President is declared elected and assumes office.” 10.As per Section 47(4), any vacancy in the office of President is to be reported to the Tamil Nadu State Election Commissioner by such person and within such time as may be prescribed and the Tamil Nadu State Election Commissioner has to arrange for the election of the President. The election has to be made strictly in accordance with Tamil Nadu Panchayat (Election) Rules, 1995 has been prescribed. Therefore, it would be incorrect to suggest that the Vice President automatically becomes the President. The Vice President merely steps into the shoes of the President during the vacancy. So, the question of either the Vice President becoming the President or the 4th respondent becoming the Vice President does not arise. Any vacancy that arises has to be filled up only by way of election in terms of the provisions of the Tamil Nadu Panchayat (Election) Rules, 1995. 12/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 11.That apart, as per section 188(3) of the Act, in so far as signing of the cheques are concerned, the Vice President in the absence of the President can sign the cheques along with any authorised member, it could be the 4th respondent. Therefore, the petitioner cannot question the authority conferred on the 4th respondent to be a cosignatory along with Vice-Present as per section 188(4) of the Act. 12.That apart, the petitioner has admittedly filed an appeal before the first respondent District Collector to cancel the resolution. Therefore, on this account also, the writ petition for a mandamus is liable to be dismissed. 13.Accordingly, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 28/08/2025 Internet :Yes/No Index :Yes/No NCC : Yes/No er 13/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 To, 1.The Inspector of Panchayats/ District Collector, Tenkasi District. 2.The Block Development Officer, (Village Panchayat) Keelapavur Panchayat Union, Keelapavur 3.The Vice President, Kulasekarapatti Panchayat, Tenkasi Taluk & District. 4.The Government Advocate, Madurai Bench of Madras High Court, Madurai. 14/15 https://www.mhc.tn.gov.in/judis WP(MD)No.23506 of 2025 C.SARAVANAN,J er WP(MD)No.23506 of 2025 28/08/2025 15/15 https://www.mhc.tn.gov.in/judis