The Madras High Court has declined to interfere with the overriding powers of the state authorities over village panchayat heads on financial matters including issuance of cheques for making payments.
A First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar, said, "Whether the power has been rightly or wrongfully exercised (by the State authorities) will depend on the factual matrix of each case and it would not be possible in a PIL to lay down that such a power should not be exercised by the authorities."
The observation was made by the bench while closing a PIL plea frompetitioners, including TN Federation of Women Presidents of Panchayats.
The petitioners sought a direction to restrain state authorities from interfering with the financial powers of village panchayat presidents and vice-presidents under the guise of invoking provisions of the 'TN Panchayats Act, 1994.
According to petitioners, the emergency power granted under Section 203 of the Tamil Nadu Panchayat Act has been "grossly misused" by the respective district collectors, who are also the inspectors of panchayats.
Upholding the power of authorities to interfere in emergency cases, the bench said it could not lay down that such power should not be exercised by the authorities.
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