Madurai Bench of the Madras High Court has ruled that the Inspector of Panchayat (District Collector) has no powers under the Panchayat Act to take away the cheque signing power of the President or Vice-President of a panchayat.
Justice R.Mahadevan passed the order allowing a petition by Kanchipatti Panchayat Vice-President R.Senthil Kumar who sought to quash the February 12, 2015 order of the Sivaganga District Collector cancelling the cheque signing power of the petitioner.
The Judge said if the Collector had to do execute a work necessarily for the safety of the Public, it was open to him to take up such works without the association of the panchayat or executive authority.
"The collector taken away the cheque signing power of the petitioner stating the had acted in the interest of the panchayat that resulted in the delay of welfare projects. But as per panchayat act the collector has no power to take away the cheque signing power of the President or Vice President."
The collector had failed to to set out such emergency situation that made him pass such an order, the Judge said.
The Petitioner submitted that he had given a representation to the Block Development Officer about alleged irregularities by the panchayat President.
Against this background the Collector had issued a showcause notice to him seeking why action should not be taken against him to cancel his cheque signing power.
Even after he gave his explanation, the Collector cancelled the cheque signing power.
