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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Sindhu Singh, wife of Chandra Shekhar Singh – Appellant
Versus
State of Bihar through the Chief Secretary, Govt. of Bihar, Patna – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. The democratic set up of the country has been recognized as basic feature of the Constitution, like other features, namely, supremacy of Constitution, rule of law, principle of separation of powers, power of judicial review under Articles 32, 226 and 227 of the Constitution. ‘Basic’ means the basis of a thing on which it stands, on the failure of which it falls. The enunciation of law to this effect in case of Ravi Yashwant Bhoir vs. District Collector, Raigad and others reported in (2012) 4 SCC 407 is being referred at the outset in the present judgment for two basic reasons. Firstly, we are utterly dismayed over the manner in which the Principal Secretary of Urban Development and Housing Department, Govt. of Bihar (Department in short), in exercise of power under Section 25(5) of the Bihar Municipal Act, 2007 ( for short ‘the Act’) has passed an order removing the petitioner from the post of Chief Councillor, Siwan Nagar Parishad. Secondly, the order which has the effect of removal of a person, democratically elected to an office of a local body having constitutional status, is patently perverse, disclosing complete non-application of mind
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Removal of elected officials under quasi-judicial provisions necessitates adherence to principles of natural justice, including fair hearing and inquiry.
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The removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
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