Whether district collector has power to remove panchayat councillor for his misuse of powers
Sidambaraselvan
(Querist) 09 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.
Today (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?
Rajendra K Goyal
(Expert) 12 December 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Elected-panchayat-councilor-misused-his-power-439526.asp#.UqmRfuKLq_I
Advocate Ravinder
(Expert) 15 December 2013
No, the councillor cannot be removed, because there is no cogent proof or evidence to remove him on the basis of thretenings. Instead Admn. officer will be penalised for his act by his higher officials for issuing certificate which is not in his perview.
