Elected panchayat councillor misused his power
Sidambaraselvan
(Querist) 12 December 2013
This query is : Resolved
In my native village situated in tamilnadu, the Panchayat Union Councillor threatened Village Administrative Officer to issue legal heirship certificate. In Tamil Nadu only the Tahsildar has power to issue legal heirship certificate.
Due to the threatening act and also for money, the village administrative officer issued legal heirship certificate to 14 persons including the above councillor. This includes the person of another village also.
On 09.12.2013, I received a letter from the Revenue Divisional Officer stating that Village Administrative Officer accepted in his statement that he was threatened by the above Councillor to issue legal heirship certificate but not accepted that he accepted bribe
Kindly suggest me the legal remedy on the following
Whether the concerned District Collector / Inspector of Panchayat in Tamil Nadu has power to remove the said Councillor from the Councillor post?
Under what section of law the District Collector / Inspector of Panchayat in Tamil Nadu has power to remove the above Councillor from the post?
Advocate M.Bhadra
(Expert) 12 December 2013
Lodge a complaint to the Superintendent of Police,Jilla Parishad and District Magistrate then file a "Writ of Mandamus" in High Court.
In India Article 32 and 226 of the Constitution gives power to the Supreme Court and High Court to issue writs in case of breach of Fundamental rights of any citizen by the state. By such writs the Judiciary can control the administrative actions and prevent any kind of arbitrary use of power and discretion.
Devajyoti Barman
(Expert) 12 December 2013
You have not given enough facts of your grievance.
If you have any complaint against the inaction on the part of govt.officials in his public duty then you surely can go to high court invoking its Writ jurisdiction.
Rajendra K Goyal
(Expert) 12 December 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Elected-panchayat-councilor-misused-his-power-439526.asp#.UqmRfuKLq_I
http://www.lawyersclubindia.com/experts/Whether-district-collector-has-power-to-remove-panchayat-councillor-for-his-misuse-of-powers-439706.asp#.UqmRx-KLq_I
ajay sethi
(Expert) 12 December 2013
repeated query no reply
Raj Kumar Makkad
(Expert) 13 December 2013
Why have you repeated the same query again and again?