Disqualification of Panchayat President, Thollapalli Village Panchayat, Anaicut Panchayat Union, Vellore District under the Tamil Nadu Panchayats Act, 1994.

No. 252] CHENNAI, TUESDAY, AUGUST 6, 2024 Aadi 21, Kurothi, Thiruvalluvar Aandu-2055

Part II—Section 2

Notifications or Orders of interest to a Section of the public

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT

DISQUALIFICATION OF PANCHAYAT PRESIDENT, THOLLAPALLI VILLAGE PANCHAYAT, ANAICUT PANCHAYAT UNION, VELLORE DISTRICT UNDER THE TAMIL NADU PANCHAYATS ACT, 1994.

[G.O. Ms. No.127, Rural Development and Panchayat Raj (PR-4), 6th August 2024,

ஆடி 21, குரோதி, திருவள்ளுவர் ஆண்டு&2055.]

No. II(2)/RDPR/734(b)/2024.

WHEREAS, the opinion of the Tamil Nadu State Election Commission has been sought for, regarding the disqualification of Tmt.S.Kalpana, W/o.Thiru.R.Suresh, President, Thollapalli Village Panchayat, Anaicut Panchayat Union, Vellore District as required under sub-section (2) of section 41 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) as she has got elected to the office of the President, Thollapalli Village Panchayat, Anaicut Panchayat Union, Vellore District, reserved for Scheduled Caste (General) Candidate by falsely stating that she belonged to Scheduled Caste Community.

AND WHEREAS, the Tamil Nadu State Election Commission after conducting the enquiry and verification of the all relevant records, has stated that it is proved that the Scheduled Caste Certificate issued to Tmt.S.Kalpana, W/o.Thiru.R.Suresh by the Tahsildar, Gudiatham, bearing Community Certificate No.3049074, dated 28.09.2004 has been cancelled vide proceedings of Revenue Divisional Officer, Gudiatham in Na.Ka.அ1/940/2022, dated 16.06.2023. Further it is also proved that the Community Certificate issued by the Tahsildar, Anaicut bearing Certificate No.TN-5202106254496 dated 03.07.2021 which is produced at the time of contesting in local body election held during 2021, has been declared as not genuine vide proceedings of District Vigilance Committee in Na.Ka.No.K5/3396/2021, dated 25.02.2022. Since the same is false and thereby opined that the said Tmt.S.Kalpana, President of the said Village Panchayat is disqualified to continue as President of the said Village Panchayat under clause (e) of sub-section (3) of section 38 of the said Act and subject to the outcome of the W.P.No.11308/2022 filed by Tmt.S.Kalpana, President of the said Village Panchayat.

AND WHEREAS, the Hon'ble High Court of Madras, in its order dated 11.01.2024 in W.P.No.11308/2022 has ordered as follows:-

"2. …Therefore, this writ is disposed of, preserving the liberty of the petitioner to file an appeal before the State Level Scrutiny Committee, challenging the order of the District Level Scrutiny Committee, dated 25.02.2022. If an appeal is filed by the petitioner before the State Level Scrutiny Committee within a period of two weeks from the date of receipt of a copy of this order, the State Level Scrutiny Committee shall consider and dispose of the appeal filed by the petitioner, on merits and in accordance with law, within a period of six weeks from the date of filing of such appeal by the petitioner. Till such time, the appeal is considered and disposed of on merits by the State Level Committee, the respondents shall maintain status quo as regards the community status of the petitioner. No costs, Consequently, connected miscellaneous petitions are closed." AND WHEREAS, it is confirmed that no appeal petition was filed by Tmt.S.Kalpana, W/o.Thiru.R.Suresh, President, Thollapalli Village Panchayat, Anaicut Panchayat Union, Vellore District before the State Level Scrutiny Committee till date and the two weeks period stipulated by the Hon'ble High Court of Madras has already been lapsed.

NOW, THEREFORE, under sub-section (1) of section 41 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the Governor of Tamil Nadu hereby decides that Tmt.S.Kalpana, W/o.Thiru.R.Suresh, President, Thollapalli Village Panchayat, Anaicut Panchayat Union, Vellore district, has become disqualified from holding the office of President of the said Village Panchayat, under clause (e) of sub-section (3) of section 38 of the said Act, as it is found that she does not belong to Scheduled Caste, but has been elected from the seat reserved for Scheduled Caste (General).

GAGANDEEP SINGH BEDI, Additional Chief Secretary to Government.