The High Court has declined to direct the authorities to disqualify the Chairman of the Maduravoyal Municipality and the local body's 11th ward councillor.
The First Bench consisting of Chief Justice M. Y. Eqbal and Justice T. S. Sivagnanam passed the order on a writ petition by one G. Krishnamurthy of Karambakkam, Porur, who prayed for a direction to the Chief Secretary, the Health Secretary and the Tiruvallur District Collector to disqualify Alapakkam G. Shanmugam, municipal chairman and Balaji, 11th ward councillor and consequently deal with them as per law. The petitioner said the two prepared bogus identity cards under the Kalaignar Health Insurance Scheme.
In its order, the Bench said a perusal of the photocopies of the cards showed that the ward no/serial and the name of the person was mentioned therein.
The petitioner had also filed a card issued under the scheme by Star Health and Allied Insurance Co.Ltd., in favour of one Lingam. Thus it was clear the identity card stated to have been printed by the municipal chairman and the councillor could not be construed as a card issued under the scheme. The Bench said it appeared that the card issued under the scheme by the company contained an electronic chip in which details regarding the insured had been recorded and it had a 22-digit serial number.
Therefore, the explanation given by the municipal chairman and the councillor in their counters appeared to be acceptable and the slip issued by them could not be taken as a card issued by the insurance company.
Further, as pointed out by the government side, the removal of a chairman or a ward member could be done in accordance with the Tamil Nadu Municipalities Act and rules. Hence, the petitioner's prayer could not be granted.
Referring to the petitioner's another allegation that the councillor had encroached upon and occupied several acres of government land, classified as ‘Erikkarai,' and had also laid out plots there, the Bench observed if the allegation was true it was a matter to be looked into by the competent authority.
Therefore, while declining to grant the relief sought for in the writ petition, the Bench directed the District Collector to consider the petitioner's representation and pass orders on merits and in accordance with law.
