Section 205 of Panchayat Act muzzles grassroots democracy

Chennai:

Section 205 of Tamil Nadu Panchayat Act 1994 muzzles grassroots democracy and panchayats could function effectively only if it is repealed, according to civil society activists, panchayat presidents and former bureaucrats.



Hitting out at the draconian section of the act which provides vast powers to a district collector to remove an elected representative of panchayats, the activists during a ‘Consultation on Excessive Powers vested with District Collectors as inspector of Panchayats’ here on Wednesday urged the government to immediately repeal the act so that the panchayats can function effectively.



Highlighting the misuse of the act, coordinator of Human Rights Advocacy and Research Foundation K Krishnaveni said in the last five years 98 panchayat presidents were dismissed from 21 districts.



“This is a significant number when compared to the 2001-2006 period when only 35 panchayats were dismissed or removed,” she said.



According to data available through Right to Information Act from 29 districts, of the 98 panchayat presidents dismissed by the collector, 40 were women and 27 were dalits.

Only 21 panchayat presidents were reinstated through court direction and appeal to the secretary, rural development and panchayat raj.



Interestingly, some of the instances where the panchayat presidents are removed are trivial. Veerasamy, a dalit panchayat president of a village in Kanchipuram, was removed for not convening a gram sabha. “I protested as the district administration turned a blind eye to the resolution against shrimp farms in the village by not conveining a gram sabha. The result, I was dismissed,” he said stating how the law is being misused.



Former additional director of municipal administration D S Sivasamy said section 205 is a draconian act. “Here the bureaucrat, who is not elected by people, is so powerful to replace an elected representative. This restricts functioning of democratically elected local bodies,” he said.



He also formulated the mechanism of an ombudsman like committee to enquire into the corruption charges against panchayat presidents