G.O. Ms. No. 115, Disqualification of Thiru G. Elumalai, 2nd Ward Member, Andampallam Village Panchayat, 2009
The Government of Tamil Nadu, Rural Development and Panchayat Raj Department, issued G.O. Ms. No. 115, Rural Development and Panchayat Raj (PR-IV), dated 6 October 2009, disqualifying Thiru G. Elumalai from holding office as the 2nd Ward Member of Andampallam Village Panchayat in Thiruvannamalai District. The decision was based on his absence from three consecutive Village Panchayat meetings and the opinion of the Tamil Nadu State Election Commission.
What the notification does
G.O. Ms. No. 115, Rural Development and Panchayat Raj (PR-IV), dated 6 October 2009, records the Governor of Tamil Nadu's decision that Thiru G. Elumalai had become disqualified from holding office as the 2nd Ward Member of Andampallam Village Panchayat, Thiruvannamalai Panchayat Union, Thiruvannamalai District.
The decision was made under the Tamil Nadu Panchayats Act, 1994. It concerns membership of a particular Village Panchayat and does not contain provisions governing land ownership, land use, property registration or property transactions.
Reason for disqualification
The Government of Tamil Nadu sought the opinion of the Tamil Nadu State Election Commission because Thiru G. Elumalai had been absent from three consecutive meetings of Andampallam Village Panchayat.
The notification records the following findings:
- A notice dated 23 July 2009 was sent to Thiru G. Elumalai.
- The notice was returned on 30 July 2009 with a postal endorsement stating that the party was residing abroad.
- The Tamil Nadu State Election Commission treated this as proof that he was living in a foreign country.
- Verification of the Village Panchayat attendance register confirmed that he had not attended more than three consecutive meetings after the meeting held on 3 December 2007.
- Following its enquiry, the Tamil Nadu State Election Commission gave the opinion that he was disqualified from continuing as Ward Member.
Legal basis and effect
G.O. Ms. No. 115 states that the opinion of the Tamil Nadu State Election Commission was obtained as required by sub-section (2) of Section 41 of the Tamil Nadu Panchayats Act, 1994.
The Governor of Tamil Nadu then decided under sub-section (1) of Section 41 that Thiru G. Elumalai had become disqualified under clause (i) of sub-section (3) of Section 38 because of his absence from three consecutive meetings. The practical effect is that he could no longer hold the office of 2nd Ward Member of Andampallam Village Panchayat.
Who is affected
G.O. Ms. No. 115 directly affects Thiru G. Elumalai and the composition of Andampallam Village Panchayat. Property buyers and owners are not given any duties, restrictions, fees or procedures by this notification.
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Common questions
Does this notification change any land or property rights?
No land or property rights are addressed. The notification deals only with the disqualification of a Village Panchayat ward member.
Why was Thiru G. Elumalai disqualified?
He was found to have been absent from three consecutive meetings of Andampallam Village Panchayat after the meeting held on 3 December 2007.
Was the Tamil Nadu State Election Commission consulted?
Yes. The Commission conducted an enquiry, checked the attendance record and gave its opinion that Thiru G. Elumalai was disqualified from continuing as Ward Member.
Which local body office was affected?
The affected office was the 2nd Ward Member of Andampallam Village Panchayat, Thiruvannamalai Panchayat Union, Thiruvannamalai District.
